To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

Weekly Ohio State journal (Columbus, Ohio : 1841), 1849-11-13

Weekly Ohio State journal (Columbus, Ohio : 1841), 1849-11-13 page 1

WEEKLY 0 STATE u .E1NAJL VOLUME XL. COLUMBUS, TUESDAY, NOVEMBER 13, 1849. NUMBER II. PUBLISHED BV'KKY TUI'.xnAY MDKNlNO, UY SCOTT & BASCOJl. J.rico.n tlia. lonriinl HiiiMiiw, iulli tul orncrnf High itroi-t mil ."iiiijuiiilley. TKIIHS: TUUK..D...I.AHMT.U s.whlcl mMb-dwetol!. b.l. ,vrai.l ul T.. n lvr.,,. e ml in. .1 K !..'. I neiceutii!. n. Atfin.l.iirl.i; lrti'r. rinjllie. voai, U.11I) ,Mjr,uiriiiiii tfOi I ri- ocklv, . RITRS OF 0VKRTIMM1-WKKKLV I'AI'Ktl. One.Jinre.12 lino "r lew, on. unerliu " . ... I. ..l.tltmiml " 14 I UHHllll ' li " chnuqerilile lliotillily, ier annum , ii i i' weekly " Slviilimtf CNriJ, one .riunre nr ie.a, " ' 4 column, cliwiKebl. tiuarlerl), " " ViMlt to the onite.ntlury. On Snndiiy ninni'mir lii.l, rilii.ul SilO f ou' cllin-n. vi.ilcd the Ohin Yiiiti-iilirtry, In Im'en to nil riililres. to the crmvicl. (mm tin celebrated Teinperiiiice Oritur, Cii-ii S F CAHKV,r,r Cuieinnnli. Tile benche. that hnd been left vncanlbjl the ewfnl rnvnifi e nf the olnilem, nre fijt filling ui '" n'w currier.. Tliey nnw niniilier 31!). The hardened villain mill Ihe juvenile offender, the imbecile ..lil innn mill Ihe I II. " yimlll, till' prnud white-ninn anil Hie il, grmh'd negrii, nil "ere Mucin-bled Inifelher in Hie Clin.. l, clnd in the ".Iriped lin-bili.nei.ti of w..," and funned a crnigrejritii.il well cnlculiiled In enli.l llm iynipalliie. iid I'leiW H' eirioiium nf every pliilHniin..ic mind. After the opening n-liifinii. exerci.e.. Hie Clmplain nf the I'linnii, Itev. Mr Oiiiinlion, introduced Jliel-1'o-lurer t' the audience, who proceeded to deliver nil nddren., w Inch exceeded nny thing of Hip kind we " hive lately lu-nrd on the subject of Tempe rniice . ( I .,'......-..1 .nonier 1 ft 2 V 3 (JO 6 01) 8 IMI i 01) 2G (H) K OH M ID O-lmrewiiiot provided fr, cbstgcnble in cuutomuty wilt' the, iie rates. TUESDAY EVENING, November l84V, ! Complimentary. We are happy lo ire that if wb do not get along nmoihly will) ihe people oi Cnlumhu, il will nut be 111.- fault of Hie Statesman. Ik' bus taken u in charge We have some cuiiosity In see what progress he will make. We have very Jilt I? mom tn bestow on such HiiUteM, but if wo wi?re to inaku iuirut'l'',n at alt, it would Im Hut he i in arnua dnngfr of over-doing the tiling. Mr. I-WiuK. We call Hip Uenltoii ul our rctuVri to an nrliclc in nlioihtT column Imm the National Intelligencer. It ii a full and c.oinuific viiifhcmimi of Mr Kwing from tin; muni vile nntl wanton atUckn upon him by Hie Kd-it..r or the Union. W ant of mom pn-venia un giving Mr. CarMe'i letter, Mr. Kwmg'i letter to Cutlmle, &D. They fully intaill the tatemeiiU of the Intel-ligencur. 8a thii is the end that jnwr muter able calumny. Our lint, to ii i orrettuoudent. We cull Hie ult' iilion of our readers to llie very alih? letter ot our llntt . Correpotid. n' in aimihi-r column. Itprtwiitaa grnphie view o( Masnachuselts politics. Wo mint till, however, he pi-roMlled lo hope Hint the Ftft Hull niriif of Unit Simo will tml uo over lo the Ho niirlrnv.'d in lln numt vivitl Culom tllC llliser ei of thoio who hnU been the victims of Hie viee nf intempe-r ince; poke of the tittered ijarmenU of the drunkurd, as ilie signals of distress thrown out to show Hie ruin of the i.ml; relnt- d Hib mitl history of some of the roiiiuiiiii'U of Ins curly days, who stood high in society, who could b ast of wealthy friends and powerful connexions, who now either walked the earth a putrid mass of whisky-rotted tlesh, or had guim down lo fill a drunkard's grnve. Mmiy & heart iwelled with emotion, and many an eye wn lill' d with tears, as the speaker, with a mauler hand, drew the picture of a once hnppy home now oinde d.-solnte by the victims of the iiiixicnting IhiwL, lie called upon all tnose who hnil comtuitli'd the crimes fur which they were incarcerated, while under Ihe in fl'ieuo of ii'ir, t . Imld up their ri;hi hands More than half of the.ui rained their riiht handi. lie then puke of the evils ititlicted upon society by those engaged in the traffic shewed that the veil-genncu of heaven was sure lo overtake them sooner ur hiler and requested nil who hud been engaged in selling (he poison to their fellow-men, to signify it by the smiie ign Look there, said Ihe Speaker, as they complied with hi r quest " Let the fact be remembered, Thit one' ttilf ' the coricft in tin Ohin lUttitmthinj dvcl-tre tluy hate htm tnxagrtt intrllinif inUiiinHiiiir iir." It appeared to he the olnVcl of the lecturer not lo indulge in nVhls of pinny lo please the imU'iiniiion, Deiiioeraliu fold, unlets they will udn.il the fuuda- but to deal in llie stern reniniei m me uj wmuuue iueut.1 doctrine of rV Bo.Uui, that Congress has wo surround, d. to lourli the Heart, and Mine vmco the right to prohibit Slavery in thu U-rt. tones of the of kindnees with which he mumlWlrd the interest ho Union If the) Wo go there wi'.lnmt this aduMssion, fell f-.r the pnor pris.-ner, fell upon their ears- tears tlit-y will stirrly be the mark for the jeers and luuuts ul II honest men We are litp .y to say that the readers of ihe Journal wilt tti queiilly hear from our cnrrexpoudeiit. I like the ram drops filling from tunny nit eye, shewed be had touched chord that Vibrated through their very Si '111". In closing Ill's intere-ting meeting the Chaplain fated I lo aole obiecl of the I'rotnn discipline to be lo The Kentucky Constitutional Convention. n,tUtlv lUt, cnvicti ai,itn u, tlie world as fit mbers To ihoM wlm t ike ait interest in Iho process h-r i i(- iMCI1Vi (ld i,y the ht d-ide of many of changing the Coimt'iulioii of the State, upon which ,j((,n $w,ng t. chi-l.-ra, had wilnessi d ihe repenting Ihe people of Ohio hive entered, it may be a mailer u.ntt ,e confessing tongue, llie uveiflowing heart- had teen thirty of them hop. Lilly converted, and die of one curiosity to notice occasionally lue progress ol event in a sister Stale, wlc re measures Mm n 10 accomplish lb-- same end are one stnge further ad. vauci d than with us A very lengthy debate has recently taken place upon n flestiou growing out of the org.iiiixnli"ii of a Judiciary , being to ihe etlVct: Whether the on (kmc lime ul uf a Juilg should be by a ma-ior.ty or by two ilnrds "f I") 'h branches of the Legislature. I'uis qui'Sli.m grows out of past controversies in Ihe Suie, ubtc i to.-k their rise in the pecuniary pressure ot IdllMM. The Legislature passed a relief Liw, wh.cll t xielhh d the obligations of Hie debtor The Supreme or AppelLie Court, decided this law to tie uiieoiislHutiouil, and, therefore, null and void. The lislatuie, iiidigiiuiil, and uii'ible to remove the judges directlv, under llie constitution, passed whul w.i called the " lie urg-iuixiiiK Art." Tins set provi ded for the re-organiS Uion of the eourt, and s.mj;ht to l. gisl ile out of "Ih'ie the (ibuoxioiis judges. This last ct the same curl pioniojiieed unconstitutional, a their terms of i.Hice, as nxed by ihe coiistitutioo, m-re djiing good helnvior The new C urt was, however, orgainxed, h. ld ns esBioui, and di cided c nises. Meau- wlnh ti e old C'url retained pussessnm ol the record and sesls, sud continued to perlorm such business as was broUgnt before them K ich court h id its advu. nates, and durioif the years rl and 14, there uh Waged between Hieir pirtiXius, political Contest ot exceeding lierceru'ss and bitterness, Ihe results ol whnrli are slill to be witnessed in Ihe position now oc ciiD'ed b I'-iiUinir tin n in reir.rd to each other Kls occurred, ai d hhmdslnd lrnuetilly stained Hie bus tingit, and, in some tiiMiauces, the peace of lauiilies w.is einliiUert d hy lie unlorl uusie controversy. Hi result was, the triumph of the old court party. It is us 1. 1 that a large inj"rity of the Convention in in favor of electing judicial and aM other nlhcers hy the ite iule. Garret DdVi. Il.iwevrr. has introduced the lull. .wing propositi. n for llie reurgatiimtiou of ih Juoiciary : While on tins subject of the judiciary, I may as wel! mention that Mr. O tif i Davis ni proooard a pl-mfor Ihe reoryauilatioii ol Ihe jud.ei.iry, bodying the f"l- h.tvmtf piiunph'S : The Court uf Ap. eals lo cmi-ist ol (our judges, lo hold ihetr olh!ei f..reitr'il years, and sultji ci 10 eiuoV.il by impeachment The Governor slnll, from a g the judges in tlm ii.f ri.-r couil, uud ru.-h person a shall have been jud.-s lhere.it, n ma e, and by and with the const nt ot Hie Senate. api'iuiil, Ihe judge of the Court of Appeals." Slavery has been the subject uf a long uud exciting di bale. New York. The Whigs of the city held an exceedingly nuiner. ous and enthusi istic meeting tin Wednesday eteuinn lasl. at Ihe Ikondwny House. 1'revious to tins lime, the d.lf reneei in regard In candidates in several ol the wards of the city, bid been compromised, and harmony and iiu iiiiiuiiy s cured. We are constrained to believe Irom Hie lone of Ihe Wing prints of the city, that there has been a decided improvement in the I prosperts uf auceeni. Upon the sulierl of the e'ec j li ms of the week, the ,N.-w York llersld, of the II 1st inst, v.-rv justly remarks : " Within about two weeks, or llhTeahouls, nine of the sovereign Stittes of Ameri. ca will h .ld their usual full eleehons, the tesull ol each of whi. h will he looked for with a great deal of it.leresl by politicians, and by the public generally, especially Hi -se of L-'Uisi tiia and New Yuk- Tliese Slates are New York, New Jersey Misaehiia-iU, Delaware, Misiissi.M, Louitiann, Illinois, Mtelniu and Wisftoifot. Ti a certain extent, ihe adunnislra two at W.iahintfloii, and Hie p'd.ry of the c.ibinet nl tielt T-ttl'ir, will be adi'ldictleil upon by III.' people al th - elections, aud hence the miporUnct' which is atuched to Iheill " l.nRufuno Gtivurnur. The Cleveland Plain Dealer of Saturday onmesout in ftvor of the Cualiog Clnef, ' the ll-'ii H-nlu u Wood, a a candidate for Governor The principal reutoii urged is thai he is a mnllurn innn. (U The U S. Citiiuil t'ourt adjourned oil Saturil iy last The November term commences next Monday happy in the Lord- The exercises of the day must have a good t-lleci up. in Ihe convicts. Men-hunt's Mugiiziiio. We have received the November number of the M rclnnl's M gaxiue It contains nine "artii les" of intieli value, and its usual amount of Statistics, Mer cantile miscellany, Vc We consider it decidedly tbu at useful and valuable M igizine published. The articles are : "The II ink of France in MH-9. The prodnclion and maiiofaeture of Cotton, with reference toils iiiiinulac.lure in the c illoii growing Stales The Htnlute of Frauds. Ilankriiptcy ((.inking; Mutual Itmk of Dis-couul uud Deposit Culn: The key of the Mexican Gulf with reference to the Const Trade of the U. Slates. The Traines : whtl has caused them? Sloppe in Transitu. Cuuiiiicrci il code of Spiin. Insurance concerning Insurance of Land Transportation.Law Cases Liability of Common Carrie. s Law of It.-preBeniaiivt B in Fire Insurance Constructive Presence Liability of Endorsers, Ac. .1' h i LiTiiiTKii Nvtuul Miu.'HV By Dr. A B. Stronif, author of the Ame.ieun Hero. Vol a, II. N .v. Iblll Ltrrii.Ls Livino Aok-Ni. 2'"). N-v II, fV.) I'liroHiii. Nstlbii. LiKur-Vol. M( N. N.v.lHl). These works have bren laid upon our table by C. C ll.-nn.'1,airenl Tor Post & Co. Cit.ctiniaii. These works are worthy Hie ailculi 'ti of litetary and scien- li;k men. The " Ago " is uno of the very best pel i-odieiiU in the couu'ry. Mr. Il.'iinet is netienl agent for all the letding He-vieWB aud M igixuieB of the day. Old Soldiers. The Pittsburgh G neite of N .v 31, says: " A few days ago, Mr. I). Dirragh, of Fmdley Title, called on us to piv Ins fifty. first year's stibscriplioii to the Ga-xeite. Mr D had allowed two or three mouths nl the pr sent year's subscription m elapse before hr paid iti n fact al which he expressed regret, since for 5tlyear he his always paid Ins subscription m advance. Yesterday, Colonel McKwen called upon us, and paid his fiftieth year's subsrripiioii." rXj" Andrew Hmolloikar, of Cleveland, proposes to piillin a iierman auu an i,nuiiri y i i " le railed Tkn Vrnr. Ilrp,ih!icnn.liinst th Vontpi Tttctj nf Mmnrrhiitt" Mr Smollnikar has been for twelve years a Uoinan priest and Professor of Dnin iiy, and claims to have possession of lactl "which other ed hr do not possess, and winch should be made known for the ifmmI of mankind. ' l he object of Ihe paper i sb ul to be. In exhibit and counteract the menu by which Ihe niouarchs and monarchists .f Kuroe hive been able lo nfl'. cl ihe d. sliny ol Keptibbcs aud KepubUcJiilsui, in the United Slnit-a and elsewhere. ijA Waliinirion correspondent of the New York Tribune sijs : It wis my pleasure to meet this m.iru nig with a prominent S. nitor in the Leulature of ihe State of Oli.o, drawn hither by some business of In own. From him I w is gratified to learn thai there was no reasonable d mht of Mr Hroadwel,tlie Whig Senator from Cmcniinli, tib aimng his seal, which will secure Oino Iro.n the disgrace and injiMlice th.it would he vis.ted upon her, if both branches of the Legislature were under the dominion of Lucofoooisin and its allies " QT It is slaled that a scicindirr gentleman was appointed by Ihe New York Hoard of lleallh lo ainlyxo the at sphere, during the laic prevalence of Ihe cholera in that city, and thai be did so, with most dab orate minuteness, and found nothing. Curs. The Cb'velind Plain Dealer publishes The Templars and ''-.id-isw. reo.it yesterday in lull graphy ol V. "'i, unilorm. Alter nnrchu.g lhro.iuli the principal streets ' man, with a wood engraving purporting hi be a por. vt .propria iim-ic, they were addressed, al H-f . j Ira.l The last time we recoiled seeing H.al cnl, was Mr. Fr. . xe'a Church, by J K. Williams, the itttnth me d ii or more years ago, when it was employed signer of th.. Washu.gioni.iu pledge. to represent L'phraiui K. Avery! In the evening, together w -Hi a large number ot . .,...,,. ..., .u, lu.r (1f R million of nit)X"iis, tiny were agam addressed by the same gen Ih'inan, al Hie Meilc'dist Church, on T wn street, in a most impressivo luanuer, when about nintty persons signed the pledge. lloudEoraTiiv ou ALi.orTiir. lly the sinking nf the steamer Globe, upon Lake Kne,afew diys since, several packages of iliH'-rent kinds of tuediciues ties j lined for tins cily, were submerge 1, and their various ! active principles di'fused among the w aves of Ihe lake I llith.-rlo, it cannot be doubled, Hijtiiofi.nhtt has bieii ry D'pirluieni, in a short lime ; and no d nibl u w ill the popular school ol medicine among the dcinieiiB ( j tu. t, t. gratilit u on i" tiisinoi iim'h- that sheet nf sparkling water but now, we may n ad. dollar, since 1 -Wi, for the Biippr-ssion of ri ds ! What a comment upon Hie stale of sncieiy in that county ! C'nbmi't ( hiuiKes. Potomac, of the Baliimore I'atnoi, writing from Waslnutoll, under dale of Od III , cnulrodicts as fo. lows, Hie floating rumors now an prevalent of coming changes in the administration : A minor has been floating about the Depirtmenla to.day, that Mr Meredith is ening out ol the I teasii rorrMjiorificnM ((" Mf O.io State Jounicl. Uotun, Nov. 1, 140. Mr. FJitur: The position into which two of the political parties of ibis Couiu.niiwtalth will finally settle is one of much uncertainly. It is not a little amusing to ice Ih,- vim-'iii's of iheir moveineuia t'i accomplish what seems to he the great end of their ambit. on, the defeat o the Wing p-irtv. Such billing and ciming ; such affectionate and distressingly loving advances; such scowling retreats, and then such condescending and obsequious renewals nf propositions lo unite, make altogether one of the must inimitable farce every ex-liih'led. This umong the Uuileri. But fur ihe rank mid tile, whut doaes of patriotism and philanthropy love for the slave, attachment lo Ihe great principles of human freedom and hatred lo that great and in-veil rjte enemy uf all liberty and goodm-as, the Whig parly, are dealt out in ulloputl.ic bounty. Some of them are nnde to believe that Hie Wing piriy is responsible for all the ills of life, nd even the proprietor of that dreadlul soourri', the Cholera; and that the overthrow find niiiiihilalion of Una party are nil tint r-tumls between them and llie Milleiuuui The Whig parly is Ihe iijh and oppnsilioi "to tin bitter end,"" the war cry of the mixture now forming Until tliu twu element, "spuil party" aud "ine idilllilll ." The first deuionslralioiis mudo in this Comnmn-wi'iilth this fall were deceptive symptoms nf the ap-pioiichmu d'solutiou of the boasted Free Soil .aiiy. 1 hey met in conventions and Humiliated separate and iuiiepend ul lickel for (ioveruor and Lieutenant Governor. So far they aeeined determined to act on their own account Tln u lollowed the several county conventions and Hlllumgh in some counties they rme called to be holdcn al the aame tune nmi place, kf a expecliilion were railed ot an intention lo urine, t )( substantial disposition of Hus kind wis muni' list. There Deemed in Hie lotti rtink to be an aver sion to receiving such cnuipiiny into close couiui union ; and Hie l-ree Smlers presented tfieir icy sine to itie loc . Tliey feeiucd like two tiurly uiaslillti, afraid of encli other, and dislrustlul of ihe motives that brought Ibeiu into such cloe proximity. They stood at a re spectful distance from etuh other, enuiied, erected their bristles, loolied liiuiguaut and cunsetUeiHial iheu Stalked uwuy. Each party nominiiied its own ticket for Senator ai,il separtiled, having done what they were sent there to do and no more. But soon new symptoms broke nut. First Mr. A , a Free Soiler, resignn, then Mr B , a Loco, does tin Siiiue ; then uimlh-T, und then all resign. Now there are no candidates. This iuaiiu;jvre mnkes Ihe calling of new convention nc re wiry. Both uirties cull eon. veiiMous to be In-ld al Ihe name lime and place. Great etl'ifts are made Jo secure the alteud illCe of delegnles iu favor of Ihe irincide of annexation. Tins wits louiid not lo be very dilliciili, for llie more honest and j sensible portion of the two parlies were mi disgusted wiin inn movement in u iu-y noi ouiy wouio u.n ue liinv to il, but pledged il their opponitioli in advance. The convention" meet. Tney lnok at each other, and eudenvor to understand why they nr there and what their puro.jse. fh.-y undertake to make the discove ry of some point nf identity "i their objects. Alter , ddi-rciit search and much h-rd I tl.or Ihey come lo llie conclusion thil the great and overwleioiii in winch ihey agree is ot'iHUitioH the Who; parly They striae hands upon this plntjorm and lull heavily al work to devise some plan toi iV.cl this obji ct. They know thi'il Ihey are aliens to the generous policy of Hie Whigs under which M.issHchuselts litis acquired such envi ihle einuienci am ng her sislr Stales, and ti at de-perale t-tforts must he made u change a policy to which Hie people are so strongly aiiachtd- ( n-itnt is the word Union of Ihe "two branches of Hie Democratic hnuily " will orcon.jiliphUicolg.fi. Our real reason, which we will not make Ion prominent just al this nine, miHt be opposition lo the Wlnus, lor uiiou that ground we can unite cordinlly, and it is a- greed Mini understood bv and lieleen Hie liigh con iracliug paities ' Ihal tins is the imly bond ol union, but still, in order lo secure any support to our iiuim nations, we will re-piss some of the least objectionable of Hie uual Free S -il resolulion and hang iheui out conspicuous upon our electioneering baiin. r. We will make no It-sis, hut invite all to Ibe Mlppori o our iioiuiualioDs, leaving tn each Voter the l inlt of lidding Ins own n-urtous f.r supporting them, if he is so unreasonable as lo deire a reason Such net-1 iid to be Hie interpretation of the action of ti e two fictions in Ihe county of .Middlesex- if,-indeed, any meaning or. sense, or even nonsense can tie drawn Irom Iheui. I believe the Free Soil party are not a party of progn-as, otherwise they must have I. -arm d some wisdom from the pist Thev are more like Hie Irishman: Ihey have advanced backwurd until th. y have sit down f is the up whence they were trotted two years ago. The w-mbmi of llie coalition ii this Stile Hill be shown up in its true light at our annual election. There must be a lare relative Whig j? ii .tor nil the Wing, except the few seceded to ihe Fne Soil parly, ninl probably many of I In in, will Vol' for Ih. regular Wing mtnnnaliolis While a large number nl tne D'Uiocrnls who are oppostd to the ' truck aud dicker '' ticket, will not vole al alt, hnv ing no c iiidiilatcs of their own p ir'y Tficrc will be i small' r vote in the a.'gregKe than usual on Hie Sen sorial tickets, but a larger W hi ( in ijnrily. Therein too much int. hieuce and good sense and loo much pride and md.-i deuce id character in the yeomanry of tins Old Commonwealth, lo le bartered away su uii-o'ruptilUhy. I n me the inconsistency .f the Free Soil party is ' unprecedented. I he great piiuciple upon which Ihe paity w.is b.isd,is opposition to ,s hi very and lis influences in the national councils. What higher or more noble principle. '1 lie nrly is small, and likely to be, for, as has often been truly said, there never h i been and never can be but two great imIioimiI parlies, and I hose will be Whig and Deuiocrnlio. The Free Soil pirly Ins drawn from both of these parties soflicient strength to eX'Tt a great mll'ience upon the elections, if their voles are c ist iu such a manner as to exert any nfitniitl influence. Now It would seem, if Ihey are honest and true to their principle, tlntl they would cist their vote fur and ant the party that will do most t carry not tha principle. It his been tiuintingly said by llie Loo Press, that lh Wings make a great ado if the r ree Suiters mule wnh the Loom, as in eruinl and some other States, but that it is all right and consistent if they Unite with Hie Whigs, as in Micu gall. Let us look at this. I he whole Whig party, c Mainly the north ern s ct i in of il, when al.ilie ihe t n e Sod parly ex ists, has been liue to the prmcipJe of the Wdiimt Pro vtso. The Win m nil the free States, in their town, county, and Suit1 Conventions, hive lost no opportu nity to express, in tangible orm, their hearty support ol this principle. W Ing l..'gisl.uuies, year atier year, havetiiHsed strong relulioti embodying this seiili merit, which h ive received the ollinial signatures ol Whig Governors. So tint that this principle is, and and hi" been for years, as much a pari of Whig doctrine and Whig phcy a the Prntectiun of American Industry. Wlut is now, and ever Ins been the ncthm of Ihe De uocralic parly upon this question? The exact re. verse uf Hie W ing parly. Individuals in that party are numerous who entertain prtrntr opinions upon this m iller which are sound and humane, but pnv le opiu. ions are worth nothiii;', only far u lin-y o llm-nee (rH'.ini When these I) .crats come lo Iheir Con vention, Ihey h-ave Itieir private omoions at Home. Ii, v et to n uresent the fl irty, and not themselves, or their constituents, but lAa pritj. Opposition to slavery and slave influence is no pirtof Democratic i-cd, and therclore, llieir uonvetmon uueny rciosr impress fiirll an oiitnul. They exclude tin scull. m ni Ik on their resolutions, put lrtli a containing (tie ihiRlnne and Ihe whole piatlorm (.1 the parlv. lake New York lor example I here Ihe Democratic t n veiition, evi ry where eth cl'iig n union Willi llie t ree ilers, expresly declare liial llie principles oi iuht tv shall ii"' be made a tl of parly Inlclily ami lite t-'n e S.ul Conventioii ati. r choking a little, swallowed Ihe insult and surrendered, sul and body. N'.rt, I a-k il il is not (rur, that the l-ree S-ul parly an support lb- W Ing nominations wtlh entire consist. ii-i- lo the lirinrinte ui"n w hich Iheir orgauiintion was bas-d? And out they support Ibe D-morratie parly wnhoiit un entire utaHifanmt nt of that principle, l seem lo me inni me m o'K' n " n n.u tile of the Free Soil party will take tins view n Ihe mill -r, and Hiat the l. aih is will be clii lied to Ihrnw themselves into Hie arms of the Dcmoerils for syin- palhv, win-re intiny of II I have gone already. We look with hope to nur annual election lor a signal rebuke tu such dishonesty. rti i .ii u i . From tha National Intfllhgsncsr. Mr. Kwtug aud the I'umu. It is a very general remark, aud certainly a very true on-, that there tma never been a time within any one's memory, when tire jxirty pros of this oountry was signahzt'tl by nuch excessive virulence as marks the course of most .f (he opposition journals at (Ins tune. t BiiiiHtied with nil sorl ut political aspersions. Ihey invade I Uo tinliw cf piiv.itu life, and desueud to personal defainult.ui. They appear lo regard the Administration of Gene; j l T.iylor, and every member of it, with a hatred the most intense, nnd wage war against it with nn-acriuiouy a measureless a it is un paralleled, lonspiru".,?, il uot duel, in tin savHge warfare, we ure sorry to say is the Union" of this city ; aud we have reason to believe that in any, even ol iiu own party, share our regret to see it occupy this o hud eminence.'1 Who would expect to s;e the arrows of Nestor poisoned ' But so it in. An instance of this extreme injustice, prompted by party malignity, we feel it our duty to notice ; and in doing so, could not furbenr Hie general remarks with which we have preface! it. The Union has for svune caue or o'hrr singled out Ihe Secretary of the Interior, .Mr. Kwiug, as Hie mark of it envenomed ptat ; nnd, having assailed him for every species of political tdfvnec, ventured some weeks ago to arraign hint on charges of private corruption and personal dishonor, iu having, bs it t ullegcd, obtained a house, ns his residence here, from a citizen ol the name of Duuglaa, a seedsman and horticulturist, at a very reduced rent, un condition or promise, or understanding, thai he would give Dougla Hie place of Public Gardener, worth some fjl.aill) or jl,fMI.- The Union doe not venture to charge thai such a promise was made by Mr, F.wing, or any such under tttandiug entered into by him, but it insinuates ns inui'h,aud upon this insinuated charge, weaves an immense tissue of degrading imputation, ns unworthy of the establiched character for h mor and probity of the eminent eiti.eii who is (vilumninled, as Ihey ore dif'Tdceful lo the part- 17.. king them When this story lirst ippenred in Hie Union, il was passed by in silence. The-lf.respcot of every iiibii, especially one oceupt ing tsjp levaled and responsible position which Mr. Lwing Tt('h, would noturully recoil front the humiliation of pleading tn cliargen so base, Kneourqgcd by this silence, the Union 1ms B'rain recurred tu the subject with renewed ferocity and vituperation. We huve, therefore, thought it due to truth, at well as to the good name of an able, liis linguished, and veteran public servant, worthy of every honest tinin s esteem, to inquire into the facts of this nioutituin ot falsehood, and now gi i'c them (o our readers, to whom we can undertake lo pledge ourselves for their tiuth It would occupy our space unnecessarily, aud would exhaust thu patience of our readers, were we to take up all the points of all Dm urticles of the Union on Hits subject, ami expose Iheui one hy one ; for, we repeat, it doe not charge a case of dueut collusion between tlm Secretary and Douglas, but endeavors tn estihlisll corruption by inference. Now, in what fid- lows we b!i a II meet everv tangible point by evidenco of its lalaily, and where, from the nature of the cuee, a negative cannot be proved, the allegation tdml! be ni"t bv a positive d.-nitil. Iu M trch last, when about to rent a house, Mr. Kw-tng inquired of one of the Lditors of tins paper if he knew of one suitable fur the purpose. A few days afterwards that individual recommended a lioue on 'Miriiiriwff rt'l't occupied hy me lale t'osimasier uenerui, ,7, ,.,. 'h- rent of which was ft Ml! I. About iln.t lime Doug. las nii'ered hi hoiiye. It being too Inrire he oil' red lo rent Ihe inn ill building, wiiliool the wing, (which look oil' nine romus,) making it about equal hi accommodation to the house on G. street. Mr L. hlied it situ, atern better, but it was inferior in this, that it had no stable or tMrriorre-house. and no grounds This Doug-Ins otfered for -I.jO. Mr Lwing consider) d the rent of both bouses reasonable, and, on the u hole, coucludt d to lake the hmi-e of Mr. Douglas on his agreeing lo its convenience as a residence. Diiriinf the lieL'otia- I " 1'" n" Hon, Doujla never m the slightest uiauiier, conncc. ted an application for idlice with Ins proposition to let the bouse. Nothing of the kind was said or intimated ; nor is it pretended even by the Limm that I he re erer was, between Douglas and the Secretary. Thu rent which wn agreed on was the fair value of the property. It had been some years before rented for .s"oll, kept a few months, and reduced to !jliillr, inclu ding Ihe nine rooms in llie Wing ; the lessee mine nd ul the year surrendered the wing, and kepi thu mam building nboiii a year at ijUtii), but gave it up II had two successive tenant alli-rwaid willnii a V-nr, and was vncint when Douglas ottered it to Mr. Lwing. An addition of jjt.M) a year wnsihe lull value of the seed room ill the main building, winch was tit led up and added for the use of Mr. LVuig Having closed the contract verbally, Mr Kwing requested Douglas to have a lcnc picparcd, winch ha promised to ilo ; nnd, being much occupied with otll-cial business, Mr. L gave no luitlu-r attention to the matter, excep'. tn impure of Douglass if the lease was prt pared, until he moved his family into Hie hnukc. Whde th' improvement agreed upon were iu progress, Douglas several tunes spoke to the Secreinry about the piace of Public Gardener. He replied to bim kindly, but gave him no f iicntirHgcmc nt fuither than to say that, in ease it was thought proper In unite a removal, he would give Ins p ipers a lair cnnsidera-lion. Mr. F. thought well of Douglas s knowledge of our native trees nod tl iwers, and intended to consider Inm with two other persons, who were also rcconuueu. ded, arid with on nl whom Mr F conversed and was well pleina'd. Mr. L never, dire 'tly or indirectly, nil. llmrized any one to speak to Douglas fur Mm about the bouse, or nhnut Ins application lor idlice ; neither the one nor the other. Ail Ihal is said on tins subject by Ihe Limm is sheer fabrication. The state. neut that Mr. .'.wing innde an etlori in keep uKssessiou of the house, on nr other than the strict leriiisofllie i-oiitriict, is also f..Ue 'Ins mailer was transacted through an attorney, (Mr Carlnde,) and the Secretary's letter ol iitsirnelmns to him .her to uboit:ed) shows that he laid dow n llie terms mi wtncli he would retain ibe properly, nnd did not allow him to advance the rent one th.lltr bv way of compromise or concession, ns the receipt of Douglas, also subjoin ed, hilly prove. Thai Mr. LVing was hastened out of Ihe house ngnuisl his wnl i also fnU, uud is fl illy disproved by Mr. Carlisle' lelier, given b. low. lie turned Ins own lime when ho Would lie ready to leave it, and did not quit a day sooner, or remain in il a day longer thin suited Ins convenience. WEDNESDAY EVENING, November 7, 1N10. The Ciucinufiti Clerk cuse The very general interest h-li in the proc ed- iii ts against the Clerk of Hamilton County Common Pleas, induces us to give the renders of the Journal a full report of the same, even at the expense of our usual variety. We ahull continue the proceed ing in foil, unless they elongate themselves too much. The rtmlt is not known up to this tune. Frntn a conversation with one of thu attorneys in the I est initiitier of voles in Ihe first district of Hamuli. il cw, wc think there is no doubi but that the Cleik ooutity, for Ihe oilicen for which they were respective- will le removed. "--V. enme on h.r hearing. rfouc miiivcr auu .nr. omrer njipeareu it me reii- urnesuecK, From the Cincinnati Chronicle and Atlas. Clucinnnli haw Courts Nov. 6. Coumok Pleas Coukt Thu fjtnte, at the relation of Lewis ftnuulirrll, J. L. Sratt and U. V, liunijiin, VS. (I C Holt, LUrli of the court iij Lomun-u I'tuia, Al Hie silling of llm Courl, llie relation of Ihe above petitioners sUUng the iHunnl of Hie Clerk lo comply will, the requirement cf Hie Uw in issuing in I lie in certuicah of election, they having received the high- Tun St. Louis THAOKiir. The two young foreign' cm, who lately committed the murderous outrage at Barnutu's Hotel, ul St. Louis, have been removed from the juil in that cily to Ihe BarracK, for safety. They are to be tried at the term of Courl, now in session. Doners, and Judge Heed and Messrs. Pugh, nnd Warden for Rcaporidaut. Mr. Sturer read the specifications which charged the Clerk with wilfully, unjustly aud illegally refusing to gtVH the petitioners, or eillu-r of them, certificates of election to the otiic.es to which Ihey have been du- The Republican says: An examination of Hie c tie cut ; ly elected the alleged object of the defendant being and paper found u Ihe trunks of the prisoners, con- I l" Pvenl their admission lo their seats, and lo enablu firms the belief that they uro what Ihey repren-iit ""' "nirarjr io mw, ami in oer- ,1.1 ,i i j i .i 'ngtilton lo the rights of petitioners, nnd the voter of themselves to be, and dtspe li the impression so gener- ! ,, , ,i i , ,i , i i .i 11 1 i the district (he defendant bt -ing further charged with ally entertained Hint they were genteel Uneven, or I iNHuiag certificates to Messr Johnson and others, d.s-nien traveling in the sly le and tinder the title of Counts, . regarding ihe nppnrtiumue m law an act which llie in order lo allay suspicion nnd render their chance : petitioner et forth as an usurpation of power, by tho for robbery mure complete. The situation uf young Barnuui, is still very critical . Cold Comfort (or thu Tree Rollers. The United Democracy of New York city, at its General Ratification meeting, on Monday of last week, passed too following resolution : "ieWrJfi, That we congratulate our fellow Deni-orrnts of the sister States cm the reunion of the Dem ocratic parly of Ihe State of New Yoik hast tf n that i union is upon the abolition of alt tfstg in Tijercttre to j trol of them that poMiimi wn well founded by the the pmerrg vr thr action of (,'onrfts upon the Mutjtct tenure of his ollice, and by the language of Ihe Stat-of Ufi'ro Ularrry fit the Ttiriturtrti of the Vrtittd Malts, I tile, creating Ins appointment. Lveti if this were a Clerk, and fur which they prayed his removal from olhe. Mr Carter objected to ihe reception nf charges which had uot come iu the ut-unl manner through Ihe Prosecuting Attorney, lie hud bestowed some at-leutii, u upon the charges involved in llieie specifications, and would in his ollicial rHpncity, have brought tho matter under Ihe notice of the Court, if he conceived llu-re were any improper proceedings on the part of Hie Clerk If, however, any accusations, or specifications, were lo be und", il was the duty of the I'roseciiliiiir Attorney to huv, exclusively, th.? eon- thus removing from Ihe present election, and avoiding hereafter, the embarrassment which have attended Ibe recent action of the party in tins Slate, and which operaied so disastrously in ihe campaign of rj4d." We quote : ' 1 would prefer to amy that tho National Democratic party i in pr icess of rrgcntratiun in prngrett, obey ing Hint luw o progress, whtrn all tl- uar.tr mr recng niirt from (he old pUlloriu of mm intervention, to Hie Jefl'ersoninn platform of slavery restriction ami dis- courugeuitnt.' Senator those. A IK-uutilul Sentlmeut. Glancing over the oiaiioii of the Hn TiMonir Wti.KKH,of Cincinnati, upon the life and character of John Qniucy Adams, we were struck with the fol lowing true and beautiful expression : ' Shall we then mourn the loss which our country Inn sustained? S licit is not my feeling. From (he first an non n cement until now the predominant emotion of my b'ioiii has been, profound gratitude to Heaven lor giving u such n man and sparing him so long. tore mi) rrtt Unit he in itrmt, tn vnj drip jay that he hits ticdt i and tins I believe to be Ihe gciierul scnlr im-nt of Ins coiinirvuien, "'l'h is occasion, then, is not une of mourning, for the sake ei' her o th dead or Ihe living; but rather one for the expression of fervent gruittode, nnd elms teneil joy, for the preuimis exae-pli of such a life ninl death lor the lesion of true vn,dui it is designed lo leach, and for llie devout and lofty aspiration which it should excite." Genu lies. We heard a lady once say that Prentice, of the Louisville Journal, was one of the ugHtit men in the whole soulhwct.1. Hib neighbor of llm Democrat is auty. Yet these twu geutleinen are constantly mooting a grave controversy winch is the handsomer mm, and each is as eontiunully flout- in the other upon Ins want ol aliraulion. The fol lowing from the Journal is the .it hit we have seen We went lo the menagerie on Snlurday.and after a while observed a general null of all (he little boy and girls towards a certain i-oint near Hie entrance Al lirst wo dot not know wlit to make of it, but we soon found that the little folks were gathering around our neighbor of tho Deuiocrni, under the impression that he wus lh Ouraug Outung. It was amusing to isteii to their qursiions and remarks. Winch part of hun is his face ' said one. Isn't Ihe ugly Hung uiukiug mouths at us?1 said a second. 'What did Ihey cut Ins tail oil' for ? ' said a third. why Hie L ml created such a nnsty beast?' said fourth. He never was created at all ; he was only guessed al,' said a fifth " ttj" The ouinbor of internifiiU in New Orleans, for the week ending on the 'JOih ultimo, wa 111. V were yellow fever. Ruins of Central America Tiie U ti. Minister to Central Americi, K. G. S oilier, writes home thai he is making important dis- cove ncs among Hi ancient ruins of that interesting country. Several interesting relics he is sending to Washington. Much interest will he felt among an lojuiriaii in In Lbor. In otic of hi lelteis home, he says : 11 1 mint not, hiwcver, forget ti mention that there has lately been discovered, in the province uf Vera Pii, l.'itj miles N. L of Guaiiiuila, buried in a dense forest aud fir from any settlement, a ruined cily surpassing Copaii or Paleiiiuie in extent and inagnili ceuce, and displaying a degree of art to which none ol ihe structures ot i ucaiaii can lay claim. 'I tie g v-eminent of GuatimaU sent a commission tn examine it ; but their investigation were soon interrupted by Ihe civil roiiiuiolioiis uf the country, sud ihey were only able lo briu away some rude plans and imp-r. feci drawings. I shall go there as soon as my duties will permit. I learn also o oilier interesting moiiti c i v 1 1 suit lor damages, Ihe Prosecuting Attorney should appear. In support of Hus view Counsel re ferred to the case ul the Commonwealth rs. Harry, in Harding's Reports, where the question wus raised be fore Ihe Court of Appeals in Kentucky; nlsu to ihe case uf the Commonwealth rr Arnold the opinion of llie Court in these case being (hat the Attorney tienernl should exhibit the charges in writing, lie Mr. C) submitted, therefore, that the attempt to inlro. duce a private prosecution, wa an usurpation of his jiower and il the Court look cognizance nt it, he hud but toeuter his protest in the matter thut they, too, would usurp the province of Hie Prosecuting Attorney lie bad not, ns he said, brought the mutter forward himself, conceiving Mr Roll not chargeable with any impropriety but he was open to conviction. Judge Walker I wish to ascertain whether Ihe Prosecuting Attorney desires to lake charge ol Iheso specifications, and to proceed agaiusl Hie Clerk? Mr. Carter 1 can answer thut question very readily. I have examiii' d the case, nnd I do not think it wi'hin my duty tu bring it before the Court Judge Walker. I do not conceive the question answered does he intend lo pioceed on the charges? lie says he is open to conviciin. How ? Here is a wimple question, and we shall he governed by the answer.Mr. Carler lhouil he had answered the question Were tin' gentlemen not siillslieil ? Mr. Sturer was perfectly satisfied the case present, ed some very singulir feature. The relation of the petitioners, as the Court had already been apprised, charged the Clerk with an usurpation uf power a breach of eflieiol duly aud the Court wa asked to examine Ihe charges, and, upon l heir being established, lo remove hun from ollice. Tins Ihey bad authority to do, under that section of the Constitution winch empowered each Court to appoint its own officers, and to remove them lor breach of good behavior and the simple question now presented, was, whether he hnd been guilty, under the language of that section. Iu this propomtioii they were met by the Prosecuting Attorney of tin county, wh claimed the right to manage the rase. H lliere ever wa a necessity Ihal a case should be placed in impartial hand tint the Court should hslt-ii lo an application, not emanating from the ollicial organ, by which the pleas id that Court wer initially conducted, that case now presented it. nelf because ihe Prosecuting Attorney hsd made Ihe open admission, Hat he be lie veil there were no grounds for the prosecution. If he bad prejudged the case, it was utterly ridiculous to suppose il should be entrusted to Ins management. Suppose, keeping in view Ihe principle contended for. Hint ihey followed out the lino won I r 1 "'cul' "'y "" ,""t a ,'1", f murder, arson. should find a b.ll, and the Prosecuting Attorney refuse to prepare th complaint was Iij to revolve himself into a judge nf law and tucl lo place himself between punishment and ll.e criminal ? Wns he In assume the right of saying that no charge was mad out ? Was he independent of the Grand Jury under all circiitn-stances? Il be stood in the position occupied by Ihe petitioner's Counsel, litt would, in submitting Iheir case, tnlonu Ihe Court that there were no ground fur ihe petition that it was utterly unfounded in law and yet lie claims the right to appear. This principle of cmixicnce, intl'Mticitig Ihe Prosecuting Attorney, might he carried on so far that they would not only find Clerk refusing to give rertificatea to gentlemen entitled lo them, but the Sheriff's con science might perhaps become sn lender, thai he would relujf to levy an execution, and every officer in the country becune so alfeclcd by the doctrine, that it would he impossible any ofi'.cial duly could be dis-charg. d Might not a case uris in which the Prosecuting At torney would he interested, in which he may entertain some feeling, not impartial, suit would not the mem. near bv, m lliindrira. ...d S .n S ilvadnr nf : , , ,,,, ,.,,.,.,, ,,, ., .', b,,iy which no public mention bits yet been made, I shall pty all the attention I can, to tlieae, although there is too much for nun man ti hope lo do well. But " Here goes," iiuiwithsiaudiiig ! For one, put n..l lite lead Uith 111 it luvit ihe Im'sI ill rcnton- .f . i . .. ... Ii I ..i T. .li.t.U firnilif hit hvii By imagine, controversies a-In Ihe value of drugs and hw n,( W)( ;, ft1iy chenucils, and the several quantities iti which Ihey (. $vetvinVirt ., uld h ue it, for the present should lie 'exhibited," have become as hitter as those Rt j rTlll Should a change bo made, some time winch arose iu Ldlipul, between Ihe 11 big tnders," sit. r the assembling nf Coiign-ss, and Mr. Meredith and t t ufitwu. ' iin"w n ,n,vu rMim ? Lf tb: r" ' i i.b. il.nl whole sullied Whur. ot great knowledge. Tin I'm.iii ..v l -Oil Itioler ll... art of lh lltl nf isdolli and ex iMTietlCc. ThoilMI M T McKellliuil, of Mireh last, the Secretary of Slate, the Posl.ua.ler! Wasb.ngton ro.inty, (Vims) Ivania, will be IcndercU Genersl, nnd the Secretary of lb. Home Department Were commuted the Board of Control of the census of lTni. IH The Wabash aud Ltiv Canal has been coinpte-ed lo Tvrre Haute. QT When Cbatles 11. was artnngintr the order "I languages in Ins cuiitl, be said he wttuld talk I'jighsh to Ins dnga and horses, French to hs fiieud, liahm lo In unslress, Spmiish lo his God, German to his t tl emy, and Luw Dutch to the devil. From the 1'ito.burg (Jurttc. Tiik ri-i cTio --'! to' result of the election in tin c y isa-ourceot I'lie nioruuci o m me . n it parly, and JtlIIV so, ns mere is r que-. nr Whoisot Allegheny nr ' "ovno ... in II..' l ite contest I liousaud wouiu noi inse me irouble to go to the polls, and hundreilsot others, to graiilv some whim, or pique, and In give vent lo some disnpi" led Bsp'raitoti, voted for one or inure of our nonoinoila. hn is not me mint in go nnw " i. -..,,-w, Hus d.sgraeelul falling oil m our vote, tiul we may ue titiou one thing which has been freely eminent, d oii in the lreei. Willi curse loud and deep Ihe fact iL. i U o..fo!lice.boldera, in some iuta..ces, have con- iinui'il to employ Locofoco deputies, agents, and The following promotion and appointment in the Navy, we learn, were nude yesterday by the President:James M. Mcintosh, to be a Captain in the Navy, vice Gwmn, deceased. William F. Lim-h to be a Cuiuui.ind.'r, vice Mcintosh, promoted. William li. H MiJin.it to he a LieiHenaul, vice Lynch promoted Van K-nssclaer Morgan, to he a Lieutenant, vice K C. Anderson, resigned. Richinl f Allison, nf Maryland, appointed Purser iu the Navy, vice Nathaniel Wilson, dectusi u. public. I We understand that Professor James C Bonih wa npp ti d, on Saturday Inst, M Iter and Refiner at the Philadelphia Mint, vice lU-haid J. McCullub public Kiorarii Dow a axn Ronsm A man who resides on M isoii aireel, between Western Row and Plum, alter putch.iing a watrb al an auction Plore on Jinn street, for $.i, staried home, when he was aecosti il by a couple of men, who asked him where he lived, and on being informed, they ldd him (list they also resided in the same quaiteml ihe town, and would so company hun. Accordingly all three started together, and on passing a lumber yard near the canal they told him HhI Hiey could lake a nearer rut home, and llns green stick td' limber allowed huuself lo b de-roied into a secluded spot, where he was knocked down and robbed of Ins natch, snd about $?.", in mo ney. Moral lie very cirrlul m your company when you go home with watches and money. Cm.rs-patch. Constructive Jtlileaiie-s.ltifurm, Ac, W AfMl.lGTO, Oct. Ho, IdW. He ii nlo rs in Congress will no longer be allowed lo filch from the public Ttensury under the spurious claim for ti constructive mileage." F r years put, on llie advent of every new AdininMraliu, the Senate has been in Hie hihil of charging full mileage for nl-lentlanee at the special Kxecutive Session of that body, in addition to the amount received for the regular ttenMoit. Of riit se tin usage had its origin during Ihe existence of the "dynasty nf peculators;" but it was killed a few days since by thai uioorrupiible and tntrep d guardian of Ibe people's money, Hie Hon. F.i ihia, W iiirri tsi.v, First Comptroller of ihe Treasury.It seem thai a claim came up in usual form, (or flil.flini, paid by A- Dm.", F.q., Clerk of the Sen-ale, (or "constructive mileage" iu attendance at the special Kxeruhve Session in March lasl,and that eve rv tuemhrrof Iho Senate, save three, received pay Who those Ihter ate, 1 have i 'l learned, farther than that General Cassis ne, Mr. W uiTTLr.st.r, alter fit 1 1 deliberation, was of opinion that the claim ought not to be allowed Fennng, however, tliul Ihe Administration might regard this aa an inopportune occasion for such action as unghl displease Ihe Senate, he stated Hie case to the I resident.ihrnugli Mr Llv Turkey nnd her Multnn The Const uiiiuuple correspondent, nf Iho N. Y. Courier ami E iquirer, write a long Idler on Turkish alfiirs. Inasmuch as considerable interest i frit just The cases reiein d loin llardinir Renorls. wi-re not C 'url ih-rm it a chm of that kind lo tie conducted with out bun i W.-iiid there not be n failure nl justice otherwise ? Had it come tu (Ins, that an individual, who nllrges he i viluliy injured by the act of a ministerial ollicer of iiu county, shall not lie permitted to have a day in Court, beciuse, the party who managed the pleas uf the Court slates Hint Hie prosecutor has no It was to be Imped Ihey hid not arrived at Ihal day nf ollicial quarantine that should require their briefs lo pass through the intermediate proces of the State Attorney's supervision, lesl disease, political, moral or legil, might be communicated They had a right to present iheir petitions directly In Hie Court, and no nun could stand between Iheui. If wrong, Ihey were responsible ; it ngin, the t.urt stiouiu hear them. now, about the course the Sultan will pursue about the Hungarian refugees, we give that portion of Ihe let. ter winch dcBcnbea the Sultan, his apiiearauce, habits, iVc. Aadkl Mi: nam in, the present Sultan, is iiu years of age ; dressed, with the exception of a Fet cap, in the European style ; and, save ihal hi face i unusually pale and deeply pitltd hy Die small pox, has no thing very noticeable iu his personal appearance. He inherits tittle nf Hie intellectual vigor of his father! Mihiuoiid, but his heart is amiable In a degiee border-! mg on weakness. Hi sensibilities are such that lie I never signs death warrant except in coVs of Hie j most urgent necessity. He lakes scarcely any per soiial pail in the Administration of the Government, choosing lo leave every thing to the control of Ins Vi-1 ner ami Divan. Ile bai live or six wives and a large 1 I la rem. The latter is regularly increased by the an nual presentation nf two lieautiful and accomplished Circassian virgins, one by his mother Ibe Sultana Va lerie, the outer by Ins ttrand Vnier. 1 lie old custom o Barking the unf. il Jit ul and throwing the in into (he llosphorus, has become totally obsolete ; but it is gen erally supposed thai Stale policy still makes way with some al h-nsl ot Hie Sultan s mate othpring, tor the number of his sons is alwnys very disproportionate to thai of In daughter. The Sultan is not only extremely etfetmiiate and hceliiious, but he vrry frequently indulge iu Hie use nf spirituous liquors, and it is by no means improbable that he will meet the fate of his father, who died in the prune ol hi life of tit-hrtum trtmtnt. Abdel Mediclnd ha dispensed with much of llie glittering (Miinp that used to attend the Sultan s np-pt arance in public, but yet he goes to the Mosque every Friday in great stale- Iiu splendid barge of !H tiara, escorted bv numerous beautiful pinunres, and gliding with swallow-like swiftness up Ihe Golden Horn to Hie Mosque ol t.youb, m ar the v-illey ol Ihe Sweet Waters, aund the roaring of cannon froul earh side, and the cheer of Ihe sntlurs nnd soldiers from the decks u tho m igmhccnt seventy-lours, has been one of ihe moat stirring sights I have yet w1nrcd in Constantinople. ou "a. A Goon Hit at Hot iikhoit We find Ihe follow- ing going the rounds, but tn what wag it is to he cred ited we know not but ll certainly lays out snurkrout : The Hon Henry Clay dined recently with F,x-President Martin Van Burcti, at Limhnwnld. The dessert consisted of crullers, oh corks, auckelliush, owgrrrlch.es, Aifl. Mr. Clay expressed a Wish In see that 'twelve res of reelaimid bog tano, so much talked aboul during the election, winch Mr Van llu clerks, in preference to just as goou anu cnpsoiu men j tux, nnu auueu ine rrnxis, "', n n n mu uiouKut of the Wing pirt) thus placing active politicians of I proper to act in accordance with Ins (Mr. W's) eon-theeiieuiv m pofitoms lo electioneer against Wing I vieliotis, he would res-g-i the Complrt.llerslnp. Th" principle. This h'i" produced dt ep and angry ills- President's prompt and cliaraeteristio reply was, Tt'l silislio'tion in the Wing ranks, and has lold greatly I Mr. Wiimi.KM.v I" 'hi iraal l right,amilrt thr ros-sgsiust us Men say that Ihe-y will it"t labor lor a ;inrrs loAf cur of thtrnttlrrt " The claim was un parlv which acts wiih bo little regard lo justice and mediately n jecled. policy. We merely lunl at this mailer now, but it Mr, lhtK.M has his remedy against the honorable in. is not a r-needv correction of Ihe evil, nt shall Senators, nnd H is to be hoped that the? will noniedf Icel il our duly to speak uul more plainly. it. ly "make restitution." Courier nd tlnnmrcr. analogous. The respondsut, in ihal Kentucky case cited, was a clerk of an inferior court, and Iho charges affecting In integrity, in reference to taxing cost, presented a Hate of facts totally dissimilar to the sub-jtel of Ihe present petition. judge Walker sud Ihe act complained nf was a erius une o fleeting the petitioner as cil'xens in the r.ght ol autfrnge, the right of voting, and the right to lie voted for thev claimed that Ihey hsd been duly h cled, am) ihal by the wiltul act of the clerk Ihey had been deprived nf the only evidence of ther flee-Dun, admitting them to a seat on the floor of the As. semblr. If tin charge were established, a wrong had n done greater iu many respects, than if Ibis clerk bad taken money from their pockets To the uu-s- Don whether he would prosecute, Ihe Prosecuting Attorney had given an explicit answer that ho would liol, Ins judgment and conscience being both opposed to it and having refused to perform Ibe duly, he charges petitioners' counsel with usurping hi power. iouiu ii tie siipposeti, mat il an nlhcer, com pen a led by the Stale, were if iapst d lo bring forward this case, that the petitioners would have called in special coun sel If he bad llie right winch he contended for, and de-rimed to prosecute, it was the duty of thr Court to make an ord r dn-rting hint to tile the charge Thru would arise a dilemma, because the Pinscciiling Attorney says it would be against Ins conscience, lie may, uo doubt, have raised a nice question of rlbjcs in Ins own muni ; but there wns nu impression lingering in the m uds ot inanr nu n, that in the oath this oliicer Was required lo lake, their was B"l)lr1lnng nf solemnity, (bat bound the conscience, anil enforced the s'lenlice of personal impressions, and of the exer cisr of that discretion which as sn individual citneii he might have rxercied, and tt-ok from him Ihe pnv. dege tu decide whether lie would prosecute or ni F.ve n in the case of an indictment against an innocent man, ihe Prosecuting Attorney was not lo act upon the sug.;t ti..n of Ins conscience or judgment, unless through the Court, w Imm he might rt cunuieiiil to rn. ter a Hn'r prittroui. The Prosecuting Attorney, how-ever, disqualified hinitrll from trying Hist case, having staled that after mature n flection his conscience and judgment uit rmed Inm lint Mr. Roll bad acted perfectly right But even it lie were willing lo take chaise of it, he, (Juuge W ) eniilentb d that In clients would have ihe right to select their own counsel Ibis need not necessarily exclude the Prosecuting Attorney, dd he ni anticipate the case, and even protest t. gainst Ihe Court discharging a duly imposed on Iheui by the Coiislilulion. The case cited from Hie Kentucky reports could not be regarded as bear, ing on any uf the issues involved in the present ieli. lion. Mr. Carter, in reply, said the present proceeding ren look great plrasure in showing Inm. On their return, a lurecn tilled lo the brim with murkrout was set before him Clay put In handkerchief to his hose was tn be viewed precisely a an indictment presented Willi a whew, said Van, 1 ve liven long ann encountered ft strong oppoittioH as any other living man, but, to be frank with you, I novel encountered any thing quite ms Hrvng at thii ' " Taciric Rah. Uoi Cut Curtis, a member nf the lale St. Louis Convention, and who, we understand ie a practical t ngmeer, declared in a speech thu he had made a nnnuie rstinuleof Ihe rnsi nf ihe pro posed work. Ile said that one pnneipnl assistant engineer would be neeesary to every hundn d mile, and that a corps of one thousand men would complete 1 Hie survey in one ve.ir. I he entire cost ol lh woik he estimated at Jtr-.llUiyHl'i. Hichmund Vi'miiem by the Grand Jury, Ihe accusation being in their nt lure essentially criminal ; and if they wrte to be heard nt all, it should he tn ihe manner provided by law The (rctitiotters1 cmmai-l had suggested vanotis modes of evading Ihe principles laid down for the regulation of these proceedings; but ihe law and llie sinborilics were against them There was no provision in ibe law enabling a private individual In preseni rhargra against lite C lei It "I Ibe Court The Constitution, under (he broad provisions of which an ntlrte.pl wn now made In get cogmintice Inhrn of tins pel il ion, was the organic law of the land, requiring- a surier-structure; bo far a the const ruction , ihr Court 1 hat structure had been raised but il could nut he con tended, that because the Constitution says tl at th i Clerk shall bo removable for bad behaviour, thai ihey-couiu raisu a structure out of that themselves, an .'o the un tli.Kl ol pn.i-t-tii.re. There Wus no diaposit. u "' I""1 to ihrmk from a responsibility ; but w i. it to be said that the Prosecuting Attorney was Coi.:i,el-led, ns a matter nt absolute obligation, agaiul hi judgment, his discr.lmn and conscience, to pHib , v. ery eompiaint put tutu Ins bunds i As cgl auv.se r of ibe Grand Jury, was il not p-irlof Ins duly lo stale lo them that it would noi be lawful lo pit sent cerium bills; ond he should tell them, if called upon, thut this proceeding wus not a matter of law i and though he would have no right to refuse his aignutuie tu the indictment, be had the authority under the luw lo enter a rttffVe pntttqui when thu case cmne into Hns Courl. There should oiler all be some discretion ; and he apprehended thai Mr. Boll, so far as this question was concerned, occupied a similar position tu In in at If. He was under oath lo discharge faithfully and impartially his duties; nnd he should use his discretion iu the ex- cution of them. I he Court said the affidavit in Ibis rase was mndo by respectable men-who were entitled lo cndu and tn going into Ihe inquiry the Court would be nox ious lo secure lo Die tlerK si hi rights as lo ev ry man, all Ihe rights of an American citizen but Ihe point now raised before the Court wns not auegcsii d hy the Clerk. fe did not demur in that way . Ihe responsibilities of the Prosecuting Attorney in Hns county were great but Ihey had been met snd honestly discharged by Mr Curler and Ihey could not see any other motive in Ins desiring lo siirl tu the burthen of the Herculean task already imposed upon Inm, l linn that the law as n gnrd. d Ins duties, should be enforced the Court could not, however, relieve tin m- Helves of the responsibility, becnuse the prosecutor hnd arrived al the conclusion representedand Ihey should, therefore, dirrcl these charges to he tiled. Judge Mi re snid that in Ihe case of the prosrculing allorni-y oeclimngto prosecute, he should not henlnie lo appoint a substitute. In ihe present case he did not conceive that counnel had a right to appear without the special appointment of the Court. Mr. Carter.--Dues the ("our, appoint in this case t Mr. btorer. We will make nu chuige on Ihe treasury.Mr. Carter That is the reason I object. Court Wo shall direct the appointment undoubtedly.Judge Walker. I, myself, have no objection to get something from the treasury (u laugh ) The Court then took the usual recess, and, upon re-assembling, Mr. Grot-shack read the Respoiidsul an swer, wuicn et out Willi raising llie question ol juris-dictu.n,and then proceeded to dispute the apportion, incut and division of Hamilton co , us related in ihe petition, and withheld assent from the proposition, that the petitioners had received the majority of (be h-nl votes at Ihe election referred to, or that they or either oflhem had been elected to any office at said election, or were entitled tu receive certificates end without entering into uuy details in denying Hie statement put lorward, took issue wiih the ad relator uion them all, and denounced them as false and grossly libellous. Judge Walker asked for an opportunity, on behalf of Hie relators, to lake the proper exceptions to this answer Mr. Grot'Bheck. Wo are willing lo admit Ihe facta as they iranspir. d. Mr. Siorer. It does not admit the issues in the case. I nsk a posiponuieiit 'till we can look into tins answer, antl see if the admissions we reqn.re are therein con- itnm-d. If uul, and they be not admitted, we can prove them. . The Court consented to a postponement, and ad journed to 9 o'clock this morning. November 6. This case was resumed at the sitting of the Court. Judge Walker said he hid looked over the demurrer and answer of Mr Roll, ll commenced in Ihe nature of a plea lo a jurisdiction, but wa in the form and substance of a demurrer and should be first disposed of. Il admitted the fuels, and until a deposi tion wns made ol it, there could be no occasion lo introduce the petitioners testimony. They could not moke out any stronger case than their petition hsd alrendy alleged, and if that were not strong enough they should go out uf Court. Ile (Juuge W ) find, therefore, lo more Hie Court that the demurrer should be first taken up, n he did nt, otherwise, know how lo proceed there being in the very next paragraph a traverse til every allegation in the complamt Hiey hnd, landing side hy aide, an admission of all the lact a true, and then a denial nf every one of them. How were lawyers lo meet a cic of that kind f Court-Is there any difficulty about the fact i Judge Walker I understood all the fscl lo be ad-milled by Mr. Hull; but (his was onty in a grncrnl conversation. We cannot goon until we have the adinisBion in writing, unless this demurrer be Inker) as an admission. We have len Jert d a statement uf the facta. Court Unless the relators are put lo the proof nf the facts sel nut in the affidavit, we would not feet called upon io decide this preliminary question. After a short consultation on e (her side, Judge W slk.-r staled thai they had agreed to a slate nf fact, and while they were being drawn up, lie would suggest In Ihe opposite counsel ihstanintry should be made, to the ell'. ci, that the caie had come to bearing upon an sgrei d slate uf fuels, and that all xceplmns, as tn Hie toriu ot making up Ihe issue, were on both sides waived. He never saw a demur, rer admitting all the facts, a traverse winch denied them, and then a plea of confession and avoidance. all put together, as Ihey were in this answer and uu less some such entry were made, lie should ask the court to dispose nf the preliminary question. Mr Ortiesbeck said, thai to 'acihlate Hie hearing, he was K illing Ihe facia should be ngrrcdupoo; but he should waive no rights he might have arising out of thr form in which this complaint was presented Ile considered it due lo the Clerk, Ihal the entire i.f Ins defence should appear iu a full, fair and eandiil statement of the tacts. A great deal had been an id about the fact of (heir demurring he would call it a protest also nntl il was proper lie should make some reference to Hie jurisdiction lie had precedent lor all these things, aud it was ihe common form of answering articles of impeachment Judge Reed was also heard in support of the answer, m which he observed they had ni deferred to the old English practice, for the reason that in ibis country a couri never omainen jurisdiction uy consent judge walker submitted thai they had a right to have the demurrer disposed of first the other matter was a mere suggestion. 1 he Courl remarked, that they had consented In a postponement on ihe previous day, on the ground that Counsel would probably narrow the issues to he presented in the case. They now conceived ihal all the questions that need arise, might be disposed of at una tune. In this proceeding it was dithculi to determine the preciao form in which the cmnplaint should be made, ur the precise form w inch Hi anawer should assume They certainly were not tn lie gt.verned by the strict pleading in common Isw actions; and if these were lo be assimilated lo pleadings in any esse, it ibould be lo those in a chancery suit because ilterc a larger scone was allowed, and leas precision of form observed- Here was a complaint nf misbehavior set foiih specifically aud then came the answer. Thrjy had decided thai the relators bad a right to make their complaint, and have il tiled, and that the Cleik had a right to answer the charges in as full a manner, as, under the advice of counsel, he might think proper.- And if it was claimed that, without argument, the cojrl should now decide thr question, whether Ihey bad jurisdiction over this case, admitting Ihe fact aa dated, ihey would decide aa a mailer uf form that they had jurisdiction. Ail agreed alale ot facts, signed by all Ihe Counsel, was then read, admitting aM the main allegations in Hie petition, and Hie poll bonka were given tn evidence. Mr. Sturer tren addressed Hie Court. The priiici pie involved in this esse was intimately connected with public justice, aud involved ihe right nf every ciiucn in the community, and in view of ita varum relations lo every department nl society, so tar as the operation of the law wss concerned, was deserving at the hand nf the Courl of Ihr most candid, searching aud impartial consideration. This question lie submit-ted to llieir honors, lay at the structure nf their ora-nualion ; for, without an officer of tbe description at luded lo, that Court was neithei perfect in lis orgnni-tatmn, nor com pr tent to perform the (unctions lor which it was creaied. The petitioner claimed that their dearest right had been infringed, and that by , gentleman whom, in all the courtesies of life they (liir counsel) hsd ratecnti d ; ami to whom they desired In rxtrml, an far aa these courtesies were concerned, the friendship and consideration that were justly Ins due ; but Ihey had tu sepr-raie Hint portion of Ins character from Hie proceeding in which he had been rrcrntly engaged ; and, however unpleasant it might bo to prefer aeeitsalinna winch involved ihe intcgi iiy nf any mem Iter of the Court, thrie was a higher duly than mrre sympathy. The impor-latil question of Hie rirjltl of franc lose was involved heie tin right of suffrage which did not depend mi llie ip rfini of any ollicrr, of any tribunal, but was above all legal authority, to far as ih creation if Courts, and thr establishment of officers wss concern eda right gmt milled by Ihe Constitution of llie United Slate. He fired not whether, in tbe language of the law, the Cleik had acted corruptly er not dishonestly or not whether he duicnvi-d he had the power to decide nr not He rfid decide, and he (Mr. Stored hid down the proposition thai every ndnisie-rial ollicer in whom tot discretion was reposed, who wss bound hy the terms of a law lo discharge a ct r-tain duty, miial nih-'r discharge it nr resign. Here ounret referred, in support of tins position, to a ease against a township iruslee for refuting i record a lawful voir wilh' til proof nf express malice, rrporlrd Ml nd. 1 1 of the Ohm R- ports, pnge nntl to a simitar ease in & Mt (calf's HchiIs, pugr "jrK the Ci'tiit in the Utter case, instructing the juty that if

WEEKLY 0 STATE u .E1NAJL VOLUME XL. COLUMBUS, TUESDAY, NOVEMBER 13, 1849. NUMBER II. PUBLISHED BV'KKY TUI'.xnAY MDKNlNO, UY SCOTT & BASCOJl. J.rico.n tlia. lonriinl HiiiMiiw, iulli tul orncrnf High itroi-t mil ."iiiijuiiilley. TKIIHS: TUUK..D...I.AHMT.U s.whlcl mMb-dwetol!. b.l. ,vrai.l ul T.. n lvr.,,. e ml in. .1 K !..'. I neiceutii!. n. Atfin.l.iirl.i; lrti'r. rinjllie. voai, U.11I) ,Mjr,uiriiiiii tfOi I ri- ocklv, . RITRS OF 0VKRTIMM1-WKKKLV I'AI'Ktl. One.Jinre.12 lino "r lew, on. unerliu " . ... I. ..l.tltmiml " 14 I UHHllll ' li " chnuqerilile lliotillily, ier annum , ii i i' weekly " Slviilimtf CNriJ, one .riunre nr ie.a, " ' 4 column, cliwiKebl. tiuarlerl), " " ViMlt to the onite.ntlury. On Snndiiy ninni'mir lii.l, rilii.ul SilO f ou' cllin-n. vi.ilcd the Ohin Yiiiti-iilirtry, In Im'en to nil riililres. to the crmvicl. (mm tin celebrated Teinperiiiice Oritur, Cii-ii S F CAHKV,r,r Cuieinnnli. Tile benche. that hnd been left vncanlbjl the ewfnl rnvnifi e nf the olnilem, nre fijt filling ui '" n'w currier.. Tliey nnw niniilier 31!). The hardened villain mill Ihe juvenile offender, the imbecile ..lil innn mill Ihe I II. " yimlll, till' prnud white-ninn anil Hie il, grmh'd negrii, nil "ere Mucin-bled Inifelher in Hie Clin.. l, clnd in the ".Iriped lin-bili.nei.ti of w..," and funned a crnigrejritii.il well cnlculiiled In enli.l llm iynipalliie. iid I'leiW H' eirioiium nf every pliilHniin..ic mind. After the opening n-liifinii. exerci.e.. Hie Clmplain nf the I'linnii, Itev. Mr Oiiiinlion, introduced Jliel-1'o-lurer t' the audience, who proceeded to deliver nil nddren., w Inch exceeded nny thing of Hip kind we " hive lately lu-nrd on the subject of Tempe rniice . ( I .,'......-..1 .nonier 1 ft 2 V 3 (JO 6 01) 8 IMI i 01) 2G (H) K OH M ID O-lmrewiiiot provided fr, cbstgcnble in cuutomuty wilt' the, iie rates. TUESDAY EVENING, November l84V, ! Complimentary. We are happy lo ire that if wb do not get along nmoihly will) ihe people oi Cnlumhu, il will nut be 111.- fault of Hie Statesman. Ik' bus taken u in charge We have some cuiiosity In see what progress he will make. We have very Jilt I? mom tn bestow on such HiiUteM, but if wo wi?re to inaku iuirut'l'',n at alt, it would Im Hut he i in arnua dnngfr of over-doing the tiling. Mr. I-WiuK. We call Hip Uenltoii ul our rctuVri to an nrliclc in nlioihtT column Imm the National Intelligencer. It ii a full and c.oinuific viiifhcmimi of Mr Kwing from tin; muni vile nntl wanton atUckn upon him by Hie Kd-it..r or the Union. W ant of mom pn-venia un giving Mr. CarMe'i letter, Mr. Kwmg'i letter to Cutlmle, &D. They fully intaill the tatemeiiU of the Intel-ligencur. 8a thii is the end that jnwr muter able calumny. Our lint, to ii i orrettuoudent. We cull Hie ult' iilion of our readers to llie very alih? letter ot our llntt . Correpotid. n' in aimihi-r column. Itprtwiitaa grnphie view o( Masnachuselts politics. Wo mint till, however, he pi-roMlled lo hope Hint the Ftft Hull niriif of Unit Simo will tml uo over lo the Ho niirlrnv.'d in lln numt vivitl Culom tllC llliser ei of thoio who hnU been the victims of Hie viee nf intempe-r ince; poke of the tittered ijarmenU of the drunkurd, as ilie signals of distress thrown out to show Hie ruin of the i.ml; relnt- d Hib mitl history of some of the roiiiuiiiii'U of Ins curly days, who stood high in society, who could b ast of wealthy friends and powerful connexions, who now either walked the earth a putrid mass of whisky-rotted tlesh, or had guim down lo fill a drunkard's grnve. Mmiy & heart iwelled with emotion, and many an eye wn lill' d with tears, as the speaker, with a mauler hand, drew the picture of a once hnppy home now oinde d.-solnte by the victims of the iiiixicnting IhiwL, lie called upon all tnose who hnil comtuitli'd the crimes fur which they were incarcerated, while under Ihe in fl'ieuo of ii'ir, t . Imld up their ri;hi hands More than half of the.ui rained their riiht handi. lie then puke of the evils ititlicted upon society by those engaged in the traffic shewed that the veil-genncu of heaven was sure lo overtake them sooner ur hiler and requested nil who hud been engaged in selling (he poison to their fellow-men, to signify it by the smiie ign Look there, said Ihe Speaker, as they complied with hi r quest " Let the fact be remembered, Thit one' ttilf ' the coricft in tin Ohin lUttitmthinj dvcl-tre tluy hate htm tnxagrtt intrllinif inUiiinHiiiir iir." It appeared to he the olnVcl of the lecturer not lo indulge in nVhls of pinny lo please the imU'iiniiion, Deiiioeraliu fold, unlets they will udn.il the fuuda- but to deal in llie stern reniniei m me uj wmuuue iueut.1 doctrine of rV Bo.Uui, that Congress has wo surround, d. to lourli the Heart, and Mine vmco the right to prohibit Slavery in thu U-rt. tones of the of kindnees with which he mumlWlrd the interest ho Union If the) Wo go there wi'.lnmt this aduMssion, fell f-.r the pnor pris.-ner, fell upon their ears- tears tlit-y will stirrly be the mark for the jeers and luuuts ul II honest men We are litp .y to say that the readers of ihe Journal wilt tti queiilly hear from our cnrrexpoudeiit. I like the ram drops filling from tunny nit eye, shewed be had touched chord that Vibrated through their very Si '111". In closing Ill's intere-ting meeting the Chaplain fated I lo aole obiecl of the I'rotnn discipline to be lo The Kentucky Constitutional Convention. n,tUtlv lUt, cnvicti ai,itn u, tlie world as fit mbers To ihoM wlm t ike ait interest in Iho process h-r i i(- iMCI1Vi (ld i,y the ht d-ide of many of changing the Coimt'iulioii of the State, upon which ,j((,n $w,ng t. chi-l.-ra, had wilnessi d ihe repenting Ihe people of Ohio hive entered, it may be a mailer u.ntt ,e confessing tongue, llie uveiflowing heart- had teen thirty of them hop. Lilly converted, and die of one curiosity to notice occasionally lue progress ol event in a sister Stale, wlc re measures Mm n 10 accomplish lb-- same end are one stnge further ad. vauci d than with us A very lengthy debate has recently taken place upon n flestiou growing out of the org.iiiixnli"ii of a Judiciary , being to ihe etlVct: Whether the on (kmc lime ul uf a Juilg should be by a ma-ior.ty or by two ilnrds "f I") 'h branches of the Legislature. I'uis qui'Sli.m grows out of past controversies in Ihe Suie, ubtc i to.-k their rise in the pecuniary pressure ot IdllMM. The Legislature passed a relief Liw, wh.cll t xielhh d the obligations of Hie debtor The Supreme or AppelLie Court, decided this law to tie uiieoiislHutiouil, and, therefore, null and void. The lislatuie, iiidigiiuiil, and uii'ible to remove the judges directlv, under llie constitution, passed whul w.i called the " lie urg-iuixiiiK Art." Tins set provi ded for the re-organiS Uion of the eourt, and s.mj;ht to l. gisl ile out of "Ih'ie the (ibuoxioiis judges. This last ct the same curl pioniojiieed unconstitutional, a their terms of i.Hice, as nxed by ihe coiistitutioo, m-re djiing good helnvior The new C urt was, however, orgainxed, h. ld ns esBioui, and di cided c nises. Meau- wlnh ti e old C'url retained pussessnm ol the record and sesls, sud continued to perlorm such business as was broUgnt before them K ich court h id its advu. nates, and durioif the years rl and 14, there uh Waged between Hieir pirtiXius, political Contest ot exceeding lierceru'ss and bitterness, Ihe results ol whnrli are slill to be witnessed in Ihe position now oc ciiD'ed b I'-iiUinir tin n in reir.rd to each other Kls occurred, ai d hhmdslnd lrnuetilly stained Hie bus tingit, and, in some tiiMiauces, the peace of lauiilies w.is einliiUert d hy lie unlorl uusie controversy. Hi result was, the triumph of the old court party. It is us 1. 1 that a large inj"rity of the Convention in in favor of electing judicial and aM other nlhcers hy the ite iule. Garret DdVi. Il.iwevrr. has introduced the lull. .wing propositi. n for llie reurgatiimtiou of ih Juoiciary : While on tins subject of the judiciary, I may as wel! mention that Mr. O tif i Davis ni proooard a pl-mfor Ihe reoryauilatioii ol Ihe jud.ei.iry, bodying the f"l- h.tvmtf piiunph'S : The Court uf Ap. eals lo cmi-ist ol (our judges, lo hold ihetr olh!ei f..reitr'il years, and sultji ci 10 eiuoV.il by impeachment The Governor slnll, from a g the judges in tlm ii.f ri.-r couil, uud ru.-h person a shall have been jud.-s lhere.it, n ma e, and by and with the const nt ot Hie Senate. api'iuiil, Ihe judge of the Court of Appeals." Slavery has been the subject uf a long uud exciting di bale. New York. The Whigs of the city held an exceedingly nuiner. ous and enthusi istic meeting tin Wednesday eteuinn lasl. at Ihe Ikondwny House. 1'revious to tins lime, the d.lf reneei in regard In candidates in several ol the wards of the city, bid been compromised, and harmony and iiu iiiiiuiiy s cured. We are constrained to believe Irom Hie lone of Ihe Wing prints of the city, that there has been a decided improvement in the I prosperts uf auceeni. Upon the sulierl of the e'ec j li ms of the week, the ,N.-w York llersld, of the II 1st inst, v.-rv justly remarks : " Within about two weeks, or llhTeahouls, nine of the sovereign Stittes of Ameri. ca will h .ld their usual full eleehons, the tesull ol each of whi. h will he looked for with a great deal of it.leresl by politicians, and by the public generally, especially Hi -se of L-'Uisi tiia and New Yuk- Tliese Slates are New York, New Jersey Misaehiia-iU, Delaware, Misiissi.M, Louitiann, Illinois, Mtelniu and Wisftoifot. Ti a certain extent, ihe adunnislra two at W.iahintfloii, and Hie p'd.ry of the c.ibinet nl tielt T-ttl'ir, will be adi'ldictleil upon by III.' people al th - elections, aud hence the miporUnct' which is atuched to Iheill " l.nRufuno Gtivurnur. The Cleveland Plain Dealer of Saturday onmesout in ftvor of the Cualiog Clnef, ' the ll-'ii H-nlu u Wood, a a candidate for Governor The principal reutoii urged is thai he is a mnllurn innn. (U The U S. Citiiuil t'ourt adjourned oil Saturil iy last The November term commences next Monday happy in the Lord- The exercises of the day must have a good t-lleci up. in Ihe convicts. Men-hunt's Mugiiziiio. We have received the November number of the M rclnnl's M gaxiue It contains nine "artii les" of intieli value, and its usual amount of Statistics, Mer cantile miscellany, Vc We consider it decidedly tbu at useful and valuable M igizine published. The articles are : "The II ink of France in MH-9. The prodnclion and maiiofaeture of Cotton, with reference toils iiiiinulac.lure in the c illoii growing Stales The Htnlute of Frauds. Ilankriiptcy ((.inking; Mutual Itmk of Dis-couul uud Deposit Culn: The key of the Mexican Gulf with reference to the Const Trade of the U. Slates. The Traines : whtl has caused them? Sloppe in Transitu. Cuuiiiicrci il code of Spiin. Insurance concerning Insurance of Land Transportation.Law Cases Liability of Common Carrie. s Law of It.-preBeniaiivt B in Fire Insurance Constructive Presence Liability of Endorsers, Ac. .1' h i LiTiiiTKii Nvtuul Miu.'HV By Dr. A B. Stronif, author of the Ame.ieun Hero. Vol a, II. N .v. Iblll Ltrrii.Ls Livino Aok-Ni. 2'"). N-v II, fV.) I'liroHiii. Nstlbii. LiKur-Vol. M( N. N.v.lHl). These works have bren laid upon our table by C. C ll.-nn.'1,airenl Tor Post & Co. Cit.ctiniaii. These works are worthy Hie ailculi 'ti of litetary and scien- li;k men. The " Ago " is uno of the very best pel i-odieiiU in the couu'ry. Mr. Il.'iinet is netienl agent for all the letding He-vieWB aud M igixuieB of the day. Old Soldiers. The Pittsburgh G neite of N .v 31, says: " A few days ago, Mr. I). Dirragh, of Fmdley Title, called on us to piv Ins fifty. first year's stibscriplioii to the Ga-xeite. Mr D had allowed two or three mouths nl the pr sent year's subscription m elapse before hr paid iti n fact al which he expressed regret, since for 5tlyear he his always paid Ins subscription m advance. Yesterday, Colonel McKwen called upon us, and paid his fiftieth year's subsrripiioii." rXj" Andrew Hmolloikar, of Cleveland, proposes to piillin a iierman auu an i,nuiiri y i i " le railed Tkn Vrnr. Ilrp,ih!icnn.liinst th Vontpi Tttctj nf Mmnrrhiitt" Mr Smollnikar has been for twelve years a Uoinan priest and Professor of Dnin iiy, and claims to have possession of lactl "which other ed hr do not possess, and winch should be made known for the ifmmI of mankind. ' l he object of Ihe paper i sb ul to be. In exhibit and counteract the menu by which Ihe niouarchs and monarchists .f Kuroe hive been able lo nfl'. cl ihe d. sliny ol Keptibbcs aud KepubUcJiilsui, in the United Slnit-a and elsewhere. ijA Waliinirion correspondent of the New York Tribune sijs : It wis my pleasure to meet this m.iru nig with a prominent S. nitor in the Leulature of ihe State of Oli.o, drawn hither by some business of In own. From him I w is gratified to learn thai there was no reasonable d mht of Mr Hroadwel,tlie Whig Senator from Cmcniinli, tib aimng his seal, which will secure Oino Iro.n the disgrace and injiMlice th.it would he vis.ted upon her, if both branches of the Legislature were under the dominion of Lucofoooisin and its allies " QT It is slaled that a scicindirr gentleman was appointed by Ihe New York Hoard of lleallh lo ainlyxo the at sphere, during the laic prevalence of Ihe cholera in that city, and thai be did so, with most dab orate minuteness, and found nothing. Curs. The Cb'velind Plain Dealer publishes The Templars and ''-.id-isw. reo.it yesterday in lull graphy ol V. "'i, unilorm. Alter nnrchu.g lhro.iuli the principal streets ' man, with a wood engraving purporting hi be a por. vt .propria iim-ic, they were addressed, al H-f . j Ira.l The last time we recoiled seeing H.al cnl, was Mr. Fr. . xe'a Church, by J K. Williams, the itttnth me d ii or more years ago, when it was employed signer of th.. Washu.gioni.iu pledge. to represent L'phraiui K. Avery! In the evening, together w -Hi a large number ot . .,...,,. ..., .u, lu.r (1f R million of nit)X"iis, tiny were agam addressed by the same gen Ih'inan, al Hie Meilc'dist Church, on T wn street, in a most impressivo luanuer, when about nintty persons signed the pledge. lloudEoraTiiv ou ALi.orTiir. lly the sinking nf the steamer Globe, upon Lake Kne,afew diys since, several packages of iliH'-rent kinds of tuediciues ties j lined for tins cily, were submerge 1, and their various ! active principles di'fused among the w aves of Ihe lake I llith.-rlo, it cannot be doubled, Hijtiiofi.nhtt has bieii ry D'pirluieni, in a short lime ; and no d nibl u w ill the popular school ol medicine among the dcinieiiB ( j tu. t, t. gratilit u on i" tiisinoi iim'h- that sheet nf sparkling water but now, we may n ad. dollar, since 1 -Wi, for the Biippr-ssion of ri ds ! What a comment upon Hie stale of sncieiy in that county ! C'nbmi't ( hiuiKes. Potomac, of the Baliimore I'atnoi, writing from Waslnutoll, under dale of Od III , cnulrodicts as fo. lows, Hie floating rumors now an prevalent of coming changes in the administration : A minor has been floating about the Depirtmenla to.day, that Mr Meredith is ening out ol the I teasii rorrMjiorificnM ((" Mf O.io State Jounicl. Uotun, Nov. 1, 140. Mr. FJitur: The position into which two of the political parties of ibis Couiu.niiwtalth will finally settle is one of much uncertainly. It is not a little amusing to ice Ih,- vim-'iii's of iheir moveineuia t'i accomplish what seems to he the great end of their ambit. on, the defeat o the Wing p-irtv. Such billing and ciming ; such affectionate and distressingly loving advances; such scowling retreats, and then such condescending and obsequious renewals nf propositions lo unite, make altogether one of the must inimitable farce every ex-liih'led. This umong the Uuileri. But fur ihe rank mid tile, whut doaes of patriotism and philanthropy love for the slave, attachment lo Ihe great principles of human freedom and hatred lo that great and in-veil rjte enemy uf all liberty and goodm-as, the Whig parly, are dealt out in ulloputl.ic bounty. Some of them are nnde to believe that Hie Wing piriy is responsible for all the ills of life, nd even the proprietor of that dreadlul soourri', the Cholera; and that the overthrow find niiiiihilalion of Una party are nil tint r-tumls between them and llie Milleiuuui The Whig parly is Ihe iijh and oppnsilioi "to tin bitter end,"" the war cry of the mixture now forming Until tliu twu element, "spuil party" aud "ine idilllilll ." The first deuionslralioiis mudo in this Comnmn-wi'iilth this fall were deceptive symptoms nf the ap-pioiichmu d'solutiou of the boasted Free Soil .aiiy. 1 hey met in conventions and Humiliated separate and iuiiepend ul lickel for (ioveruor and Lieutenant Governor. So far they aeeined determined to act on their own account Tln u lollowed the several county conventions and Hlllumgh in some counties they rme called to be holdcn al the aame tune nmi place, kf a expecliilion were railed ot an intention lo urine, t )( substantial disposition of Hus kind wis muni' list. There Deemed in Hie lotti rtink to be an aver sion to receiving such cnuipiiny into close couiui union ; and Hie l-ree Smlers presented tfieir icy sine to itie loc . Tliey feeiucd like two tiurly uiaslillti, afraid of encli other, and dislrustlul of ihe motives that brought Ibeiu into such cloe proximity. They stood at a re spectful distance from etuh other, enuiied, erected their bristles, loolied liiuiguaut and cunsetUeiHial iheu Stalked uwuy. Each party nominiiied its own ticket for Senator ai,il separtiled, having done what they were sent there to do and no more. But soon new symptoms broke nut. First Mr. A , a Free Soiler, resignn, then Mr B , a Loco, does tin Siiiue ; then uimlh-T, und then all resign. Now there are no candidates. This iuaiiu;jvre mnkes Ihe calling of new convention nc re wiry. Both uirties cull eon. veiiMous to be In-ld al Ihe name lime and place. Great etl'ifts are made Jo secure the alteud illCe of delegnles iu favor of Ihe irincide of annexation. Tins wits louiid not lo be very dilliciili, for llie more honest and j sensible portion of the two parlies were mi disgusted wiin inn movement in u iu-y noi ouiy wouio u.n ue liinv to il, but pledged il their opponitioli in advance. The convention" meet. Tney lnok at each other, and eudenvor to understand why they nr there and what their puro.jse. fh.-y undertake to make the discove ry of some point nf identity "i their objects. Alter , ddi-rciit search and much h-rd I tl.or Ihey come lo llie conclusion thil the great and overwleioiii in winch ihey agree is ot'iHUitioH the Who; parly They striae hands upon this plntjorm and lull heavily al work to devise some plan toi iV.cl this obji ct. They know thi'il Ihey are aliens to the generous policy of Hie Whigs under which M.issHchuselts litis acquired such envi ihle einuienci am ng her sislr Stales, and ti at de-perale t-tforts must he made u change a policy to which Hie people are so strongly aiiachtd- ( n-itnt is the word Union of Ihe "two branches of Hie Democratic hnuily " will orcon.jiliphUicolg.fi. Our real reason, which we will not make Ion prominent just al this nine, miHt be opposition lo the Wlnus, lor uiiou that ground we can unite cordinlly, and it is a- greed Mini understood bv and lieleen Hie liigh con iracliug paities ' Ihal tins is the imly bond ol union, but still, in order lo secure any support to our iiuim nations, we will re-piss some of the least objectionable of Hie uual Free S -il resolulion and hang iheui out conspicuous upon our electioneering baiin. r. We will make no It-sis, hut invite all to Ibe Mlppori o our iioiuiualioDs, leaving tn each Voter the l inlt of lidding Ins own n-urtous f.r supporting them, if he is so unreasonable as lo deire a reason Such net-1 iid to be Hie interpretation of the action of ti e two fictions in Ihe county of .Middlesex- if,-indeed, any meaning or. sense, or even nonsense can tie drawn Irom Iheui. I believe the Free Soil party are not a party of progn-as, otherwise they must have I. -arm d some wisdom from the pist Thev are more like Hie Irishman: Ihey have advanced backwurd until th. y have sit down f is the up whence they were trotted two years ago. The w-mbmi of llie coalition ii this Stile Hill be shown up in its true light at our annual election. There must be a lare relative Whig j? ii .tor nil the Wing, except the few seceded to ihe Fne Soil parly, ninl probably many of I In in, will Vol' for Ih. regular Wing mtnnnaliolis While a large number nl tne D'Uiocrnls who are oppostd to the ' truck aud dicker '' ticket, will not vole al alt, hnv ing no c iiidiilatcs of their own p ir'y Tficrc will be i small' r vote in the a.'gregKe than usual on Hie Sen sorial tickets, but a larger W hi ( in ijnrily. Therein too much int. hieuce and good sense and loo much pride and md.-i deuce id character in the yeomanry of tins Old Commonwealth, lo le bartered away su uii-o'ruptilUhy. I n me the inconsistency .f the Free Soil party is ' unprecedented. I he great piiuciple upon which Ihe paity w.is b.isd,is opposition to ,s hi very and lis influences in the national councils. What higher or more noble principle. '1 lie nrly is small, and likely to be, for, as has often been truly said, there never h i been and never can be but two great imIioimiI parlies, and I hose will be Whig and Deuiocrnlio. The Free Soil pirly Ins drawn from both of these parties soflicient strength to eX'Tt a great mll'ience upon the elections, if their voles are c ist iu such a manner as to exert any nfitniitl influence. Now It would seem, if Ihey are honest and true to their principle, tlntl they would cist their vote fur and ant the party that will do most t carry not tha principle. It his been tiuintingly said by llie Loo Press, that lh Wings make a great ado if the r ree Suiters mule wnh the Loom, as in eruinl and some other States, but that it is all right and consistent if they Unite with Hie Whigs, as in Micu gall. Let us look at this. I he whole Whig party, c Mainly the north ern s ct i in of il, when al.ilie ihe t n e Sod parly ex ists, has been liue to the prmcipJe of the Wdiimt Pro vtso. The Win m nil the free States, in their town, county, and Suit1 Conventions, hive lost no opportu nity to express, in tangible orm, their hearty support ol this principle. W Ing l..'gisl.uuies, year atier year, havetiiHsed strong relulioti embodying this seiili merit, which h ive received the ollinial signatures ol Whig Governors. So tint that this principle is, and and hi" been for years, as much a pari of Whig doctrine and Whig phcy a the Prntectiun of American Industry. Wlut is now, and ever Ins been the ncthm of Ihe De uocralic parly upon this question? The exact re. verse uf Hie W ing parly. Individuals in that party are numerous who entertain prtrntr opinions upon this m iller which are sound and humane, but pnv le opiu. ions are worth nothiii;', only far u lin-y o llm-nee (rH'.ini When these I) .crats come lo Iheir Con vention, Ihey h-ave Itieir private omoions at Home. Ii, v et to n uresent the fl irty, and not themselves, or their constituents, but lAa pritj. Opposition to slavery and slave influence is no pirtof Democratic i-cd, and therclore, llieir uonvetmon uueny rciosr impress fiirll an oiitnul. They exclude tin scull. m ni Ik on their resolutions, put lrtli a containing (tie ihiRlnne and Ihe whole piatlorm (.1 the parlv. lake New York lor example I here Ihe Democratic t n veiition, evi ry where eth cl'iig n union Willi llie t ree ilers, expresly declare liial llie principles oi iuht tv shall ii"' be made a tl of parly Inlclily ami lite t-'n e S.ul Conventioii ati. r choking a little, swallowed Ihe insult and surrendered, sul and body. N'.rt, I a-k il il is not (rur, that the l-ree S-ul parly an support lb- W Ing nominations wtlh entire consist. ii-i- lo the lirinrinte ui"n w hich Iheir orgauiintion was bas-d? And out they support Ibe D-morratie parly wnhoiit un entire utaHifanmt nt of that principle, l seem lo me inni me m o'K' n " n n.u tile of the Free Soil party will take tins view n Ihe mill -r, and Hiat the l. aih is will be clii lied to Ihrnw themselves into Hie arms of the Dcmoerils for syin- palhv, win-re intiny of II I have gone already. We look with hope to nur annual election lor a signal rebuke tu such dishonesty. rti i .ii u i . From tha National Intfllhgsncsr. Mr. Kwtug aud the I'umu. It is a very general remark, aud certainly a very true on-, that there tma never been a time within any one's memory, when tire jxirty pros of this oountry was signahzt'tl by nuch excessive virulence as marks the course of most .f (he opposition journals at (Ins tune. t BiiiiHtied with nil sorl ut political aspersions. Ihey invade I Uo tinliw cf piiv.itu life, and desueud to personal defainult.ui. They appear lo regard the Administration of Gene; j l T.iylor, and every member of it, with a hatred the most intense, nnd wage war against it with nn-acriuiouy a measureless a it is un paralleled, lonspiru".,?, il uot duel, in tin savHge warfare, we ure sorry to say is the Union" of this city ; aud we have reason to believe that in any, even ol iiu own party, share our regret to see it occupy this o hud eminence.'1 Who would expect to s;e the arrows of Nestor poisoned ' But so it in. An instance of this extreme injustice, prompted by party malignity, we feel it our duty to notice ; and in doing so, could not furbenr Hie general remarks with which we have preface! it. The Union has for svune caue or o'hrr singled out Ihe Secretary of the Interior, .Mr. Kwiug, as Hie mark of it envenomed ptat ; nnd, having assailed him for every species of political tdfvnec, ventured some weeks ago to arraign hint on charges of private corruption and personal dishonor, iu having, bs it t ullegcd, obtained a house, ns his residence here, from a citizen ol the name of Duuglaa, a seedsman and horticulturist, at a very reduced rent, un condition or promise, or understanding, thai he would give Dougla Hie place of Public Gardener, worth some fjl.aill) or jl,fMI.- The Union doe not venture to charge thai such a promise was made by Mr, F.wing, or any such under tttandiug entered into by him, but it insinuates ns inui'h,aud upon this insinuated charge, weaves an immense tissue of degrading imputation, ns unworthy of the establiched character for h mor and probity of the eminent eiti.eii who is (vilumninled, as Ihey ore dif'Tdceful lo the part- 17.. king them When this story lirst ippenred in Hie Union, il was passed by in silence. The-lf.respcot of every iiibii, especially one oceupt ing tsjp levaled and responsible position which Mr. Lwing Tt('h, would noturully recoil front the humiliation of pleading tn cliargen so base, Kneourqgcd by this silence, the Union 1ms B'rain recurred tu the subject with renewed ferocity and vituperation. We huve, therefore, thought it due to truth, at well as to the good name of an able, liis linguished, and veteran public servant, worthy of every honest tinin s esteem, to inquire into the facts of this nioutituin ot falsehood, and now gi i'c them (o our readers, to whom we can undertake lo pledge ourselves for their tiuth It would occupy our space unnecessarily, aud would exhaust thu patience of our readers, were we to take up all the points of all Dm urticles of the Union on Hits subject, ami expose Iheui one hy one ; for, we repeat, it doe not charge a case of dueut collusion between tlm Secretary and Douglas, but endeavors tn estihlisll corruption by inference. Now, in what fid- lows we b!i a II meet everv tangible point by evidenco of its lalaily, and where, from the nature of the cuee, a negative cannot be proved, the allegation tdml! be ni"t bv a positive d.-nitil. Iu M trch last, when about to rent a house, Mr. Kw-tng inquired of one of the Lditors of tins paper if he knew of one suitable fur the purpose. A few days afterwards that individual recommended a lioue on 'Miriiiriwff rt'l't occupied hy me lale t'osimasier uenerui, ,7, ,.,. 'h- rent of which was ft Ml! I. About iln.t lime Doug. las nii'ered hi hoiiye. It being too Inrire he oil' red lo rent Ihe inn ill building, wiiliool the wing, (which look oil' nine romus,) making it about equal hi accommodation to the house on G. street. Mr L. hlied it situ, atern better, but it was inferior in this, that it had no stable or tMrriorre-house. and no grounds This Doug-Ins otfered for -I.jO. Mr Lwing consider) d the rent of both bouses reasonable, and, on the u hole, coucludt d to lake the hmi-e of Mr. Douglas on his agreeing lo its convenience as a residence. Diiriinf the lieL'otia- I " 1'" n" Hon, Doujla never m the slightest uiauiier, conncc. ted an application for idlice with Ins proposition to let the bouse. Nothing of the kind was said or intimated ; nor is it pretended even by the Limm that I he re erer was, between Douglas and the Secretary. Thu rent which wn agreed on was the fair value of the property. It had been some years before rented for .s"oll, kept a few months, and reduced to !jliillr, inclu ding Ihe nine rooms in llie Wing ; the lessee mine nd ul the year surrendered the wing, and kepi thu mam building nboiii a year at ijUtii), but gave it up II had two successive tenant alli-rwaid willnii a V-nr, and was vncint when Douglas ottered it to Mr. Lwing. An addition of jjt.M) a year wnsihe lull value of the seed room ill the main building, winch was tit led up and added for the use of Mr. LVuig Having closed the contract verbally, Mr Kwing requested Douglas to have a lcnc picparcd, winch ha promised to ilo ; nnd, being much occupied with otll-cial business, Mr. L gave no luitlu-r attention to the matter, excep'. tn impure of Douglass if the lease was prt pared, until he moved his family into Hie hnukc. Whde th' improvement agreed upon were iu progress, Douglas several tunes spoke to the Secreinry about the piace of Public Gardener. He replied to bim kindly, but gave him no f iicntirHgcmc nt fuither than to say that, in ease it was thought proper In unite a removal, he would give Ins p ipers a lair cnnsidera-lion. Mr. F. thought well of Douglas s knowledge of our native trees nod tl iwers, and intended to consider Inm with two other persons, who were also rcconuueu. ded, arid with on nl whom Mr F conversed and was well pleina'd. Mr. L never, dire 'tly or indirectly, nil. llmrized any one to speak to Douglas fur Mm about the bouse, or nhnut Ins application lor idlice ; neither the one nor the other. Ail Ihal is said on tins subject by Ihe Limm is sheer fabrication. The state. neut that Mr. .'.wing innde an etlori in keep uKssessiou of the house, on nr other than the strict leriiisofllie i-oiitriict, is also f..Ue 'Ins mailer was transacted through an attorney, (Mr Carlnde,) and the Secretary's letter ol iitsirnelmns to him .her to uboit:ed) shows that he laid dow n llie terms mi wtncli he would retain ibe properly, nnd did not allow him to advance the rent one th.lltr bv way of compromise or concession, ns the receipt of Douglas, also subjoin ed, hilly prove. Thai Mr. LVing was hastened out of Ihe house ngnuisl his wnl i also fnU, uud is fl illy disproved by Mr. Carlisle' lelier, given b. low. lie turned Ins own lime when ho Would lie ready to leave it, and did not quit a day sooner, or remain in il a day longer thin suited Ins convenience. WEDNESDAY EVENING, November 7, 1N10. The Ciucinufiti Clerk cuse The very general interest h-li in the proc ed- iii ts against the Clerk of Hamilton County Common Pleas, induces us to give the renders of the Journal a full report of the same, even at the expense of our usual variety. We ahull continue the proceed ing in foil, unless they elongate themselves too much. The rtmlt is not known up to this tune. Frntn a conversation with one of thu attorneys in the I est initiitier of voles in Ihe first district of Hamuli. il cw, wc think there is no doubi but that the Cleik ooutity, for Ihe oilicen for which they were respective- will le removed. "--V. enme on h.r hearing. rfouc miiivcr auu .nr. omrer njipeareu it me reii- urnesuecK, From the Cincinnati Chronicle and Atlas. Clucinnnli haw Courts Nov. 6. Coumok Pleas Coukt Thu fjtnte, at the relation of Lewis ftnuulirrll, J. L. Sratt and U. V, liunijiin, VS. (I C Holt, LUrli of the court iij Lomun-u I'tuia, Al Hie silling of llm Courl, llie relation of Ihe above petitioners sUUng the iHunnl of Hie Clerk lo comply will, the requirement cf Hie Uw in issuing in I lie in certuicah of election, they having received the high- Tun St. Louis THAOKiir. The two young foreign' cm, who lately committed the murderous outrage at Barnutu's Hotel, ul St. Louis, have been removed from the juil in that cily to Ihe BarracK, for safety. They are to be tried at the term of Courl, now in session. Doners, and Judge Heed and Messrs. Pugh, nnd Warden for Rcaporidaut. Mr. Sturer read the specifications which charged the Clerk with wilfully, unjustly aud illegally refusing to gtVH the petitioners, or eillu-r of them, certificates of election to the otiic.es to which Ihey have been du- The Republican says: An examination of Hie c tie cut ; ly elected the alleged object of the defendant being and paper found u Ihe trunks of the prisoners, con- I l" Pvenl their admission lo their seats, and lo enablu firms the belief that they uro what Ihey repren-iit ""' "nirarjr io mw, ami in oer- ,1.1 ,i i j i .i 'ngtilton lo the rights of petitioners, nnd the voter of themselves to be, and dtspe li the impression so gener- ! ,, , ,i i , ,i , i i .i 11 1 i the district (he defendant bt -ing further charged with ally entertained Hint they were genteel Uneven, or I iNHuiag certificates to Messr Johnson and others, d.s-nien traveling in the sly le and tinder the title of Counts, . regarding ihe nppnrtiumue m law an act which llie in order lo allay suspicion nnd render their chance : petitioner et forth as an usurpation of power, by tho for robbery mure complete. The situation uf young Barnuui, is still very critical . Cold Comfort (or thu Tree Rollers. The United Democracy of New York city, at its General Ratification meeting, on Monday of last week, passed too following resolution : "ieWrJfi, That we congratulate our fellow Deni-orrnts of the sister States cm the reunion of the Dem ocratic parly of Ihe State of New Yoik hast tf n that i union is upon the abolition of alt tfstg in Tijercttre to j trol of them that poMiimi wn well founded by the the pmerrg vr thr action of (,'onrfts upon the Mutjtct tenure of his ollice, and by the language of Ihe Stat-of Ufi'ro Ularrry fit the Ttiriturtrti of the Vrtittd Malts, I tile, creating Ins appointment. Lveti if this were a Clerk, and fur which they prayed his removal from olhe. Mr Carter objected to ihe reception nf charges which had uot come iu the ut-unl manner through Ihe Prosecuting Attorney, lie hud bestowed some at-leutii, u upon the charges involved in llieie specifications, and would in his ollicial rHpncity, have brought tho matter under Ihe notice of the Court, if he conceived llu-re were any improper proceedings on the part of Hie Clerk If, however, any accusations, or specifications, were lo be und", il was the duty of the I'roseciiliiiir Attorney to huv, exclusively, th.? eon- thus removing from Ihe present election, and avoiding hereafter, the embarrassment which have attended Ibe recent action of the party in tins Slate, and which operaied so disastrously in ihe campaign of rj4d." We quote : ' 1 would prefer to amy that tho National Democratic party i in pr icess of rrgcntratiun in prngrett, obey ing Hint luw o progress, whtrn all tl- uar.tr mr recng niirt from (he old pUlloriu of mm intervention, to Hie Jefl'ersoninn platform of slavery restriction ami dis- courugeuitnt.' Senator those. A IK-uutilul Sentlmeut. Glancing over the oiaiioii of the Hn TiMonir Wti.KKH,of Cincinnati, upon the life and character of John Qniucy Adams, we were struck with the fol lowing true and beautiful expression : ' Shall we then mourn the loss which our country Inn sustained? S licit is not my feeling. From (he first an non n cement until now the predominant emotion of my b'ioiii has been, profound gratitude to Heaven lor giving u such n man and sparing him so long. tore mi) rrtt Unit he in itrmt, tn vnj drip jay that he hits ticdt i and tins I believe to be Ihe gciierul scnlr im-nt of Ins coiinirvuien, "'l'h is occasion, then, is not une of mourning, for the sake ei' her o th dead or Ihe living; but rather one for the expression of fervent gruittode, nnd elms teneil joy, for the preuimis exae-pli of such a life ninl death lor the lesion of true vn,dui it is designed lo leach, and for llie devout and lofty aspiration which it should excite." Genu lies. We heard a lady once say that Prentice, of the Louisville Journal, was one of the ugHtit men in the whole soulhwct.1. Hib neighbor of llm Democrat is auty. Yet these twu geutleinen are constantly mooting a grave controversy winch is the handsomer mm, and each is as eontiunully flout- in the other upon Ins want ol aliraulion. The fol lowing from the Journal is the .it hit we have seen We went lo the menagerie on Snlurday.and after a while observed a general null of all (he little boy and girls towards a certain i-oint near Hie entrance Al lirst wo dot not know wlit to make of it, but we soon found that the little folks were gathering around our neighbor of tho Deuiocrni, under the impression that he wus lh Ouraug Outung. It was amusing to isteii to their qursiions and remarks. Winch part of hun is his face ' said one. Isn't Ihe ugly Hung uiukiug mouths at us?1 said a second. 'What did Ihey cut Ins tail oil' for ? ' said a third. why Hie L ml created such a nnsty beast?' said fourth. He never was created at all ; he was only guessed al,' said a fifth " ttj" The ouinbor of internifiiU in New Orleans, for the week ending on the 'JOih ultimo, wa 111. V were yellow fever. Ruins of Central America Tiie U ti. Minister to Central Americi, K. G. S oilier, writes home thai he is making important dis- cove ncs among Hi ancient ruins of that interesting country. Several interesting relics he is sending to Washington. Much interest will he felt among an lojuiriaii in In Lbor. In otic of hi lelteis home, he says : 11 1 mint not, hiwcver, forget ti mention that there has lately been discovered, in the province uf Vera Pii, l.'itj miles N. L of Guaiiiuila, buried in a dense forest aud fir from any settlement, a ruined cily surpassing Copaii or Paleiiiuie in extent and inagnili ceuce, and displaying a degree of art to which none ol ihe structures ot i ucaiaii can lay claim. 'I tie g v-eminent of GuatimaU sent a commission tn examine it ; but their investigation were soon interrupted by Ihe civil roiiiuiolioiis uf the country, sud ihey were only able lo briu away some rude plans and imp-r. feci drawings. I shall go there as soon as my duties will permit. I learn also o oilier interesting moiiti c i v 1 1 suit lor damages, Ihe Prosecuting Attorney should appear. In support of Hus view Counsel re ferred to the case ul the Commonwealth rs. Harry, in Harding's Reports, where the question wus raised be fore Ihe Court of Appeals in Kentucky; nlsu to ihe case uf the Commonwealth rr Arnold the opinion of llie Court in these case being (hat the Attorney tienernl should exhibit the charges in writing, lie Mr. C) submitted, therefore, that the attempt to inlro. duce a private prosecution, wa an usurpation of his jiower and il the Court look cognizance nt it, he hud but toeuter his protest in the matter thut they, too, would usurp the province of Hie Prosecuting Attorney lie bad not, ns he said, brought the mutter forward himself, conceiving Mr Roll not chargeable with any impropriety but he was open to conviction. Judge Walker I wish to ascertain whether Ihe Prosecuting Attorney desires to lake charge ol Iheso specifications, and to proceed agaiusl Hie Clerk? Mr. Carter 1 can answer thut question very readily. I have examiii' d the case, nnd I do not think it wi'hin my duty tu bring it before the Court Judge Walker. I do not conceive the question answered does he intend lo pioceed on the charges? lie says he is open to conviciin. How ? Here is a wimple question, and we shall he governed by the answer.Mr. Carler lhouil he had answered the question Were tin' gentlemen not siillslieil ? Mr. Sturer was perfectly satisfied the case present, ed some very singulir feature. The relation of the petitioners, as the Court had already been apprised, charged the Clerk with an usurpation uf power a breach of eflieiol duly aud the Court wa asked to examine Ihe charges, and, upon l heir being established, lo remove hun from ollice. Tins Ihey bad authority to do, under that section of the Constitution winch empowered each Court to appoint its own officers, and to remove them lor breach of good behavior and the simple question now presented, was, whether he hnd been guilty, under the language of that section. Iu this propomtioii they were met by the Prosecuting Attorney of tin county, wh claimed the right to manage the rase. H lliere ever wa a necessity Ihal a case should be placed in impartial hand tint the Court should hslt-ii lo an application, not emanating from the ollicial organ, by which the pleas id that Court wer initially conducted, that case now presented it. nelf because ihe Prosecuting Attorney hsd made Ihe open admission, Hat he be lie veil there were no grounds for the prosecution. If he bad prejudged the case, it was utterly ridiculous to suppose il should be entrusted to Ins management. Suppose, keeping in view Ihe principle contended for. Hint ihey followed out the lino won I r 1 "'cul' "'y "" ,""t a ,'1", f murder, arson. should find a b.ll, and the Prosecuting Attorney refuse to prepare th complaint was Iij to revolve himself into a judge nf law and tucl lo place himself between punishment and ll.e criminal ? Wns he In assume the right of saying that no charge was mad out ? Was he independent of the Grand Jury under all circiitn-stances? Il be stood in the position occupied by Ihe petitioner's Counsel, litt would, in submitting Iheir case, tnlonu Ihe Court that there were no ground fur ihe petition that it was utterly unfounded in law and yet lie claims the right to appear. This principle of cmixicnce, intl'Mticitig Ihe Prosecuting Attorney, might he carried on so far that they would not only find Clerk refusing to give rertificatea to gentlemen entitled lo them, but the Sheriff's con science might perhaps become sn lender, thai he would relujf to levy an execution, and every officer in the country becune so alfeclcd by the doctrine, that it would he impossible any ofi'.cial duly could be dis-charg. d Might not a case uris in which the Prosecuting At torney would he interested, in which he may entertain some feeling, not impartial, suit would not the mem. near bv, m lliindrira. ...d S .n S ilvadnr nf : , , ,,,, ,.,,.,.,, ,,, ., .', b,,iy which no public mention bits yet been made, I shall pty all the attention I can, to tlieae, although there is too much for nun man ti hope lo do well. But " Here goes," iiuiwithsiaudiiig ! For one, put n..l lite lead Uith 111 it luvit ihe Im'sI ill rcnton- .f . i . .. ... Ii I ..i T. .li.t.U firnilif hit hvii By imagine, controversies a-In Ihe value of drugs and hw n,( W)( ;, ft1iy chenucils, and the several quantities iti which Ihey (. $vetvinVirt ., uld h ue it, for the present should lie 'exhibited," have become as hitter as those Rt j rTlll Should a change bo made, some time winch arose iu Ldlipul, between Ihe 11 big tnders," sit. r the assembling nf Coiign-ss, and Mr. Meredith and t t ufitwu. ' iin"w n ,n,vu rMim ? Lf tb: r" ' i i.b. il.nl whole sullied Whur. ot great knowledge. Tin I'm.iii ..v l -Oil Itioler ll... art of lh lltl nf isdolli and ex iMTietlCc. ThoilMI M T McKellliuil, of Mireh last, the Secretary of Slate, the Posl.ua.ler! Wasb.ngton ro.inty, (Vims) Ivania, will be IcndercU Genersl, nnd the Secretary of lb. Home Department Were commuted the Board of Control of the census of lTni. IH The Wabash aud Ltiv Canal has been coinpte-ed lo Tvrre Haute. QT When Cbatles 11. was artnngintr the order "I languages in Ins cuiitl, be said he wttuld talk I'jighsh to Ins dnga and horses, French to hs fiieud, liahm lo In unslress, Spmiish lo his God, German to his t tl emy, and Luw Dutch to the devil. From the 1'ito.burg (Jurttc. Tiik ri-i cTio --'! to' result of the election in tin c y isa-ourceot I'lie nioruuci o m me . n it parly, and JtlIIV so, ns mere is r que-. nr Whoisot Allegheny nr ' "ovno ... in II..' l ite contest I liousaud wouiu noi inse me irouble to go to the polls, and hundreilsot others, to graiilv some whim, or pique, and In give vent lo some disnpi" led Bsp'raitoti, voted for one or inure of our nonoinoila. hn is not me mint in go nnw " i. -..,,-w, Hus d.sgraeelul falling oil m our vote, tiul we may ue titiou one thing which has been freely eminent, d oii in the lreei. Willi curse loud and deep Ihe fact iL. i U o..fo!lice.boldera, in some iuta..ces, have con- iinui'il to employ Locofoco deputies, agents, and The following promotion and appointment in the Navy, we learn, were nude yesterday by the President:James M. Mcintosh, to be a Captain in the Navy, vice Gwmn, deceased. William F. Lim-h to be a Cuiuui.ind.'r, vice Mcintosh, promoted. William li. H MiJin.it to he a LieiHenaul, vice Lynch promoted Van K-nssclaer Morgan, to he a Lieutenant, vice K C. Anderson, resigned. Richinl f Allison, nf Maryland, appointed Purser iu the Navy, vice Nathaniel Wilson, dectusi u. public. I We understand that Professor James C Bonih wa npp ti d, on Saturday Inst, M Iter and Refiner at the Philadelphia Mint, vice lU-haid J. McCullub public Kiorarii Dow a axn Ronsm A man who resides on M isoii aireel, between Western Row and Plum, alter putch.iing a watrb al an auction Plore on Jinn street, for $.i, staried home, when he was aecosti il by a couple of men, who asked him where he lived, and on being informed, they ldd him (list they also resided in the same quaiteml ihe town, and would so company hun. Accordingly all three started together, and on passing a lumber yard near the canal they told him HhI Hiey could lake a nearer rut home, and llns green stick td' limber allowed huuself lo b de-roied into a secluded spot, where he was knocked down and robbed of Ins natch, snd about $?.", in mo ney. Moral lie very cirrlul m your company when you go home with watches and money. Cm.rs-patch. Constructive Jtlileaiie-s.ltifurm, Ac, W AfMl.lGTO, Oct. Ho, IdW. He ii nlo rs in Congress will no longer be allowed lo filch from the public Ttensury under the spurious claim for ti constructive mileage." F r years put, on llie advent of every new AdininMraliu, the Senate has been in Hie hihil of charging full mileage for nl-lentlanee at the special Kxecutive Session of that body, in addition to the amount received for the regular ttenMoit. Of riit se tin usage had its origin during Ihe existence of the "dynasty nf peculators;" but it was killed a few days since by thai uioorrupiible and tntrep d guardian of Ibe people's money, Hie Hon. F.i ihia, W iiirri tsi.v, First Comptroller of ihe Treasury.It seem thai a claim came up in usual form, (or flil.flini, paid by A- Dm.", F.q., Clerk of the Sen-ale, (or "constructive mileage" iu attendance at the special Kxeruhve Session in March lasl,and that eve rv tuemhrrof Iho Senate, save three, received pay Who those Ihter ate, 1 have i 'l learned, farther than that General Cassis ne, Mr. W uiTTLr.st.r, alter fit 1 1 deliberation, was of opinion that the claim ought not to be allowed Fennng, however, tliul Ihe Administration might regard this aa an inopportune occasion for such action as unghl displease Ihe Senate, he stated Hie case to the I resident.ihrnugli Mr Llv Turkey nnd her Multnn The Const uiiiuuple correspondent, nf Iho N. Y. Courier ami E iquirer, write a long Idler on Turkish alfiirs. Inasmuch as considerable interest i frit just The cases reiein d loin llardinir Renorls. wi-re not C 'url ih-rm it a chm of that kind lo tie conducted with out bun i W.-iiid there not be n failure nl justice otherwise ? Had it come tu (Ins, that an individual, who nllrges he i viluliy injured by the act of a ministerial ollicer of iiu county, shall not lie permitted to have a day in Court, beciuse, the party who managed the pleas uf the Court slates Hint Hie prosecutor has no It was to be Imped Ihey hid not arrived at Ihal day nf ollicial quarantine that should require their briefs lo pass through the intermediate proces of the State Attorney's supervision, lesl disease, political, moral or legil, might be communicated They had a right to present iheir petitions directly In Hie Court, and no nun could stand between Iheui. If wrong, Ihey were responsible ; it ngin, the t.urt stiouiu hear them. now, about the course the Sultan will pursue about the Hungarian refugees, we give that portion of Ihe let. ter winch dcBcnbea the Sultan, his apiiearauce, habits, iVc. Aadkl Mi: nam in, the present Sultan, is iiu years of age ; dressed, with the exception of a Fet cap, in the European style ; and, save ihal hi face i unusually pale and deeply pitltd hy Die small pox, has no thing very noticeable iu his personal appearance. He inherits tittle nf Hie intellectual vigor of his father! Mihiuoiid, but his heart is amiable In a degiee border-! mg on weakness. Hi sensibilities are such that lie I never signs death warrant except in coVs of Hie j most urgent necessity. He lakes scarcely any per soiial pail in the Administration of the Government, choosing lo leave every thing to the control of Ins Vi-1 ner ami Divan. Ile bai live or six wives and a large 1 I la rem. The latter is regularly increased by the an nual presentation nf two lieautiful and accomplished Circassian virgins, one by his mother Ibe Sultana Va lerie, the outer by Ins ttrand Vnier. 1 lie old custom o Barking the unf. il Jit ul and throwing the in into (he llosphorus, has become totally obsolete ; but it is gen erally supposed thai Stale policy still makes way with some al h-nsl ot Hie Sultan s mate othpring, tor the number of his sons is alwnys very disproportionate to thai of In daughter. The Sultan is not only extremely etfetmiiate and hceliiious, but he vrry frequently indulge iu Hie use nf spirituous liquors, and it is by no means improbable that he will meet the fate of his father, who died in the prune ol hi life of tit-hrtum trtmtnt. Abdel Mediclnd ha dispensed with much of llie glittering (Miinp that used to attend the Sultan s np-pt arance in public, but yet he goes to the Mosque every Friday in great stale- Iiu splendid barge of !H tiara, escorted bv numerous beautiful pinunres, and gliding with swallow-like swiftness up Ihe Golden Horn to Hie Mosque ol t.youb, m ar the v-illey ol Ihe Sweet Waters, aund the roaring of cannon froul earh side, and the cheer of Ihe sntlurs nnd soldiers from the decks u tho m igmhccnt seventy-lours, has been one of ihe moat stirring sights I have yet w1nrcd in Constantinople. ou "a. A Goon Hit at Hot iikhoit We find Ihe follow- ing going the rounds, but tn what wag it is to he cred ited we know not but ll certainly lays out snurkrout : The Hon Henry Clay dined recently with F,x-President Martin Van Burcti, at Limhnwnld. The dessert consisted of crullers, oh corks, auckelliush, owgrrrlch.es, Aifl. Mr. Clay expressed a Wish In see that 'twelve res of reelaimid bog tano, so much talked aboul during the election, winch Mr Van llu clerks, in preference to just as goou anu cnpsoiu men j tux, nnu auueu ine rrnxis, "', n n n mu uiouKut of the Wing pirt) thus placing active politicians of I proper to act in accordance with Ins (Mr. W's) eon-theeiieuiv m pofitoms lo electioneer against Wing I vieliotis, he would res-g-i the Complrt.llerslnp. Th" principle. This h'i" produced dt ep and angry ills- President's prompt and cliaraeteristio reply was, Tt'l silislio'tion in the Wing ranks, and has lold greatly I Mr. Wiimi.KM.v I" 'hi iraal l right,amilrt thr ros-sgsiust us Men say that Ihe-y will it"t labor lor a ;inrrs loAf cur of thtrnttlrrt " The claim was un parlv which acts wiih bo little regard lo justice and mediately n jecled. policy. We merely lunl at this mailer now, but it Mr, lhtK.M has his remedy against the honorable in. is not a r-needv correction of Ihe evil, nt shall Senators, nnd H is to be hoped that the? will noniedf Icel il our duly to speak uul more plainly. it. ly "make restitution." Courier nd tlnnmrcr. analogous. The respondsut, in ihal Kentucky case cited, was a clerk of an inferior court, and Iho charges affecting In integrity, in reference to taxing cost, presented a Hate of facts totally dissimilar to the sub-jtel of Ihe present petition. judge Walker sud Ihe act complained nf was a erius une o fleeting the petitioner as cil'xens in the r.ght ol autfrnge, the right of voting, and the right to lie voted for thev claimed that Ihey hsd been duly h cled, am) ihal by the wiltul act of the clerk Ihey had been deprived nf the only evidence of ther flee-Dun, admitting them to a seat on the floor of the As. semblr. If tin charge were established, a wrong had n done greater iu many respects, than if Ibis clerk bad taken money from their pockets To the uu-s- Don whether he would prosecute, Ihe Prosecuting Attorney had given an explicit answer that ho would liol, Ins judgment and conscience being both opposed to it and having refused to perform Ibe duly, he charges petitioners' counsel with usurping hi power. iouiu ii tie siipposeti, mat il an nlhcer, com pen a led by the Stale, were if iapst d lo bring forward this case, that the petitioners would have called in special coun sel If he bad llie right winch he contended for, and de-rimed to prosecute, it was the duty of thr Court to make an ord r dn-rting hint to tile the charge Thru would arise a dilemma, because the Pinscciiling Attorney says it would be against Ins conscience, lie may, uo doubt, have raised a nice question of rlbjcs in Ins own muni ; but there wns nu impression lingering in the m uds ot inanr nu n, that in the oath this oliicer Was required lo lake, their was B"l)lr1lnng nf solemnity, (bat bound the conscience, anil enforced the s'lenlice of personal impressions, and of the exer cisr of that discretion which as sn individual citneii he might have rxercied, and tt-ok from him Ihe pnv. dege tu decide whether lie would prosecute or ni F.ve n in the case of an indictment against an innocent man, ihe Prosecuting Attorney was not lo act upon the sug.;t ti..n of Ins conscience or judgment, unless through the Court, w Imm he might rt cunuieiiil to rn. ter a Hn'r prittroui. The Prosecuting Attorney, how-ever, disqualified hinitrll from trying Hist case, having staled that after mature n flection his conscience and judgment uit rmed Inm lint Mr. Roll bad acted perfectly right But even it lie were willing lo take chaise of it, he, (Juuge W ) eniilentb d that In clients would have ihe right to select their own counsel Ibis need not necessarily exclude the Prosecuting Attorney, dd he ni anticipate the case, and even protest t. gainst Ihe Court discharging a duly imposed on Iheui by the Coiislilulion. The case cited from Hie Kentucky reports could not be regarded as bear, ing on any uf the issues involved in the present ieli. lion. Mr. Carter, in reply, said the present proceeding ren look great plrasure in showing Inm. On their return, a lurecn tilled lo the brim with murkrout was set before him Clay put In handkerchief to his hose was tn be viewed precisely a an indictment presented Willi a whew, said Van, 1 ve liven long ann encountered ft strong oppoittioH as any other living man, but, to be frank with you, I novel encountered any thing quite ms Hrvng at thii ' " Taciric Rah. Uoi Cut Curtis, a member nf the lale St. Louis Convention, and who, we understand ie a practical t ngmeer, declared in a speech thu he had made a nnnuie rstinuleof Ihe rnsi nf ihe pro posed work. Ile said that one pnneipnl assistant engineer would be neeesary to every hundn d mile, and that a corps of one thousand men would complete 1 Hie survey in one ve.ir. I he entire cost ol lh woik he estimated at Jtr-.llUiyHl'i. Hichmund Vi'miiem by the Grand Jury, Ihe accusation being in their nt lure essentially criminal ; and if they wrte to be heard nt all, it should he tn ihe manner provided by law The (rctitiotters1 cmmai-l had suggested vanotis modes of evading Ihe principles laid down for the regulation of these proceedings; but ihe law and llie sinborilics were against them There was no provision in ibe law enabling a private individual In preseni rhargra against lite C lei It "I Ibe Court The Constitution, under (he broad provisions of which an ntlrte.pl wn now made In get cogmintice Inhrn of tins pel il ion, was the organic law of the land, requiring- a surier-structure; bo far a the const ruction , ihr Court 1 hat structure had been raised but il could nut he con tended, that because the Constitution says tl at th i Clerk shall bo removable for bad behaviour, thai ihey-couiu raisu a structure out of that themselves, an .'o the un tli.Kl ol pn.i-t-tii.re. There Wus no diaposit. u "' I""1 to ihrmk from a responsibility ; but w i. it to be said that the Prosecuting Attorney was Coi.:i,el-led, ns a matter nt absolute obligation, agaiul hi judgment, his discr.lmn and conscience, to pHib , v. ery eompiaint put tutu Ins bunds i As cgl auv.se r of ibe Grand Jury, was il not p-irlof Ins duly lo stale lo them that it would noi be lawful lo pit sent cerium bills; ond he should tell them, if called upon, thut this proceeding wus not a matter of law i and though he would have no right to refuse his aignutuie tu the indictment, be had the authority under the luw lo enter a rttffVe pntttqui when thu case cmne into Hns Courl. There should oiler all be some discretion ; and he apprehended thai Mr. Boll, so far as this question was concerned, occupied a similar position tu In in at If. He was under oath lo discharge faithfully and impartially his duties; nnd he should use his discretion iu the ex- cution of them. I he Court said the affidavit in Ibis rase was mndo by respectable men-who were entitled lo cndu and tn going into Ihe inquiry the Court would be nox ious lo secure lo Die tlerK si hi rights as lo ev ry man, all Ihe rights of an American citizen but Ihe point now raised before the Court wns not auegcsii d hy the Clerk. fe did not demur in that way . Ihe responsibilities of the Prosecuting Attorney in Hns county were great but Ihey had been met snd honestly discharged by Mr Curler and Ihey could not see any other motive in Ins desiring lo siirl tu the burthen of the Herculean task already imposed upon Inm, l linn that the law as n gnrd. d Ins duties, should be enforced the Court could not, however, relieve tin m- Helves of the responsibility, becnuse the prosecutor hnd arrived al the conclusion representedand Ihey should, therefore, dirrcl these charges to he tiled. Judge Mi re snid that in Ihe case of the prosrculing allorni-y oeclimngto prosecute, he should not henlnie lo appoint a substitute. In ihe present case he did not conceive that counnel had a right to appear without the special appointment of the Court. Mr. Carter.--Dues the ("our, appoint in this case t Mr. btorer. We will make nu chuige on Ihe treasury.Mr. Carter That is the reason I object. Court Wo shall direct the appointment undoubtedly.Judge Walker. I, myself, have no objection to get something from the treasury (u laugh ) The Court then took the usual recess, and, upon re-assembling, Mr. Grot-shack read the Respoiidsul an swer, wuicn et out Willi raising llie question ol juris-dictu.n,and then proceeded to dispute the apportion, incut and division of Hamilton co , us related in ihe petition, and withheld assent from the proposition, that the petitioners had received the majority of (be h-nl votes at Ihe election referred to, or that they or either oflhem had been elected to any office at said election, or were entitled tu receive certificates end without entering into uuy details in denying Hie statement put lorward, took issue wiih the ad relator uion them all, and denounced them as false and grossly libellous. Judge Walker asked for an opportunity, on behalf of Hie relators, to lake the proper exceptions to this answer Mr. Grot'Bheck. Wo are willing lo admit Ihe facta as they iranspir. d. Mr. Siorer. It does not admit the issues in the case. I nsk a posiponuieiit 'till we can look into tins answer, antl see if the admissions we reqn.re are therein con- itnm-d. If uul, and they be not admitted, we can prove them. . The Court consented to a postponement, and ad journed to 9 o'clock this morning. November 6. This case was resumed at the sitting of the Court. Judge Walker said he hid looked over the demurrer and answer of Mr Roll, ll commenced in Ihe nature of a plea lo a jurisdiction, but wa in the form and substance of a demurrer and should be first disposed of. Il admitted the fuels, and until a deposi tion wns made ol it, there could be no occasion lo introduce the petitioners testimony. They could not moke out any stronger case than their petition hsd alrendy alleged, and if that were not strong enough they should go out uf Court. Ile (Juuge W ) find, therefore, lo more Hie Court that the demurrer should be first taken up, n he did nt, otherwise, know how lo proceed there being in the very next paragraph a traverse til every allegation in the complamt Hiey hnd, landing side hy aide, an admission of all the lact a true, and then a denial nf every one of them. How were lawyers lo meet a cic of that kind f Court-Is there any difficulty about the fact i Judge Walker I understood all the fscl lo be ad-milled by Mr. Hull; but (his was onty in a grncrnl conversation. We cannot goon until we have the adinisBion in writing, unless this demurrer be Inker) as an admission. We have len Jert d a statement uf the facta. Court Unless the relators are put lo the proof nf the facts sel nut in the affidavit, we would not feet called upon io decide this preliminary question. After a short consultation on e (her side, Judge W slk.-r staled thai they had agreed to a slate nf fact, and while they were being drawn up, lie would suggest In Ihe opposite counsel ihstanintry should be made, to the ell'. ci, that the caie had come to bearing upon an sgrei d slate uf fuels, and that all xceplmns, as tn Hie toriu ot making up Ihe issue, were on both sides waived. He never saw a demur, rer admitting all the facts, a traverse winch denied them, and then a plea of confession and avoidance. all put together, as Ihey were in this answer and uu less some such entry were made, lie should ask the court to dispose nf the preliminary question. Mr Ortiesbeck said, thai to 'acihlate Hie hearing, he was K illing Ihe facia should be ngrrcdupoo; but he should waive no rights he might have arising out of thr form in which this complaint was presented Ile considered it due lo the Clerk, Ihal the entire i.f Ins defence should appear iu a full, fair and eandiil statement of the tacts. A great deal had been an id about the fact of (heir demurring he would call it a protest also nntl il was proper lie should make some reference to Hie jurisdiction lie had precedent lor all these things, aud it was ihe common form of answering articles of impeachment Judge Reed was also heard in support of the answer, m which he observed they had ni deferred to the old English practice, for the reason that in ibis country a couri never omainen jurisdiction uy consent judge walker submitted thai they had a right to have the demurrer disposed of first the other matter was a mere suggestion. 1 he Courl remarked, that they had consented In a postponement on ihe previous day, on the ground that Counsel would probably narrow the issues to he presented in the case. They now conceived ihal all the questions that need arise, might be disposed of at una tune. In this proceeding it was dithculi to determine the preciao form in which the cmnplaint should be made, ur the precise form w inch Hi anawer should assume They certainly were not tn lie gt.verned by the strict pleading in common Isw actions; and if these were lo be assimilated lo pleadings in any esse, it ibould be lo those in a chancery suit because ilterc a larger scone was allowed, and leas precision of form observed- Here was a complaint nf misbehavior set foiih specifically aud then came the answer. Thrjy had decided thai the relators bad a right to make their complaint, and have il tiled, and that the Cleik had a right to answer the charges in as full a manner, as, under the advice of counsel, he might think proper.- And if it was claimed that, without argument, the cojrl should now decide thr question, whether Ihey bad jurisdiction over this case, admitting Ihe fact aa dated, ihey would decide aa a mailer uf form that they had jurisdiction. Ail agreed alale ot facts, signed by all Ihe Counsel, was then read, admitting aM the main allegations in Hie petition, and Hie poll bonka were given tn evidence. Mr. Sturer tren addressed Hie Court. The priiici pie involved in this esse was intimately connected with public justice, aud involved ihe right nf every ciiucn in the community, and in view of ita varum relations lo every department nl society, so tar as the operation of the law wss concerned, was deserving at the hand nf the Courl of Ihr most candid, searching aud impartial consideration. This question lie submit-ted to llieir honors, lay at the structure nf their ora-nualion ; for, without an officer of tbe description at luded lo, that Court was neithei perfect in lis orgnni-tatmn, nor com pr tent to perform the (unctions lor which it was creaied. The petitioner claimed that their dearest right had been infringed, and that by , gentleman whom, in all the courtesies of life they (liir counsel) hsd ratecnti d ; ami to whom they desired In rxtrml, an far aa these courtesies were concerned, the friendship and consideration that were justly Ins due ; but Ihey had tu sepr-raie Hint portion of Ins character from Hie proceeding in which he had been rrcrntly engaged ; and, however unpleasant it might bo to prefer aeeitsalinna winch involved ihe intcgi iiy nf any mem Iter of the Court, thrie was a higher duly than mrre sympathy. The impor-latil question of Hie rirjltl of franc lose was involved heie tin right of suffrage which did not depend mi llie ip rfini of any ollicrr, of any tribunal, but was above all legal authority, to far as ih creation if Courts, and thr establishment of officers wss concern eda right gmt milled by Ihe Constitution of llie United Slate. He fired not whether, in tbe language of the law, the Cleik had acted corruptly er not dishonestly or not whether he duicnvi-d he had the power to decide nr not He rfid decide, and he (Mr. Stored hid down the proposition thai every ndnisie-rial ollicer in whom tot discretion was reposed, who wss bound hy the terms of a law lo discharge a ct r-tain duty, miial nih-'r discharge it nr resign. Here ounret referred, in support of tins position, to a ease against a township iruslee for refuting i record a lawful voir wilh' til proof nf express malice, rrporlrd Ml nd. 1 1 of the Ohm R- ports, pnge nntl to a simitar ease in & Mt (calf's HchiIs, pugr "jrK the Ci'tiit in the Utter case, instructing the juty that if